An Oyo State High Court sitting in Ibadan on Tuesday struck out the preliminary objection challenging the competence of the murder charge against Yewande Oyediran, who is accused of killing her husband, Lowo.
Oyediran, a staff of the Directorate of the Public Prosecution in the Oyo State Ministry of Justice, allegedly murdered her husband by stabbing him with a knife.
The female lawyer, a resident of Akobo Area of Ibadan, allegedly stabbed her husband on February 2.
Her counsel, Bioye Ashanike, had challenged the competence of the charge.
Ashanike argued that the procedure used in filling the murder charge against his client was not the one meant for the trial of the capital offence of murder.
The counsel had argued that the determination of the charge by the court would be a clear violation of the right of his client and urged the court to strike it out.
In his ruling, Justice Munta Abimbola, struck out the preliminary objection, saying the charge of murder against the defendant was competent.
Abimbola said the prosecutor had not violated any section of the constitution with the procedure taken in filing the charge against the defendant.
The judge said the case of the defendant would not in any way be prejudiced by the manner the charge was filed, adding that there was sufficient proof of evidence attached to the charge.
He promised to give the case accelerated hearing, assuring that the court would do all its best to conclude the matter before the end of July.
The judge, however, granted an application by Yomi Aliyu, counsel watching brief for the family of the deceased, for a private prosecutor to prosecute the matter.
He adjourned the case till June 23 and June 27 for commencement of trial.
Earlier, Tajudeen Abdulganiyu, the Director of Public Prosecution, had informed the court that he was withdrawing from the matter because the state had appointed a private prosecutor on the matter.
Aliyu had also told the court that the family of the deceased wanted a private prosecutor.
The counsel said the defendant had worked with the Oyo State Ministry of Justice, adding that the DPP may not properly prosecute the defendant because she was currently one if its staff.
