A Lagos High Court sitting at Tafawa Balewa Square on Tuesday refused cross-examination to be done on an Access Bank employee by Chidinma Ojukwu’s lawyer over the late Usifo Ataga’s bank statements tendered as exhibits.
Ms Ojukwu and two others are facing nine-count charges of conspiracy, murder, stabbing, forgery and others. Mr Ataga, who was the chief executive of Super TV, was allegedly murdered on June 15, 2021 following a meeting with Ojukwu.
On Tuesday, the prosecution counsel, A. O. Oluwafemi, told the court that the prosecution had a representative from Access Bank who was in court on the basis of the subpoena to tender the account document of the deceased.
She then called the representative of the bank, Toafeek Lawal, to the witness box to tender the statement and the certificate of identification.
After tendering the statement, the counsel to the first defendant (Ojukwu), Onwuka Egwu, raised an objection to cross-examine the banker.
Justice Yetunde Adesanya, in a short ruling, said that Section 218 of the Evidence Act (EA) 2011 provides that a person whether a party or not in a case, may be summoned to produce a document without being summoned to give evidence.
She also said that Section 219 of the EA provided that a person summoned to produce a document does not become a witness by the mere fact that he produced it and cannot be cross-examined unless and until he was called as a witness.
She said, “This officer from Access Bank has not been sworn on oath, therefore, he cannot be cross-examined.”
The case was adjourned until April 28 for continuation of trial.
