Ese Oruru, the 14-year-old girl, who was abducted by Yinusa Dahiru, yesterday, secured a major victory as Justice Ejija Nganjiwa, of the Federal High Court, sitting in Yenagoa granted the request of the prosecution to take her evidence in private.
At the resumed pre-trial hearing yesterday, Justice Nganjiwa, who based his ruling on the provisions of Section 36 subsections 4 (a) and (b) of the 1999 Constitution of the country as amended, said: “The evidence of Miss Ese Oruru would be taken by the court in private and in chambers excluding all other persons other than the prosecution, the accused defendant counsels, court clerks and prison officials and any other persons if the accused person does not object.
“The defence counsel failed to show what injury or harm the accused person would suffer on account of private hearing for the victim, Miss Ese Oruru,” he said, and added that it was only the evidence of Miss Ese Oruru that would be taken in private as other trials would be done in open court.Justice Nganjiwa, who adjourned the matter to June 2, for commencement of trial, said the ruling on the application would have no effect on substantive case.
“Let me correct the impression that private hearing would jeopardise the hearing of the substantive suit as other trial would be conducted in public.”In his reaction, defence counsel, Kayode Olaosebikan, said they had learned a lot from the ruling and described the decision of the court “as nothing unusual but a superior opinion by the court.
“They made an application which is their right and we opposed it. But, the court gave a superior argument and granted the application which is within the powers of the court; we have no objection to that,” he said. On the application for variation of the bail conditions for the accused, Olaosebikan disclosed that they have filed a motion to the court to review the bail conditions as they were having challenges securing bail for the accused person.He said they have prayed the court to expand the scope of its jurisdiction to include other parts of the country or allow other people who are not traditional titleholder and civil servant to stand surety for him.
Meanwhile, the Urhobo Progressives Union (UPU) and the Federation of Women Lawyers (FIDA) have informed the court of their readiness to provide legal services for the victim, Ese Oruru and her parents.
Albert Akpomudje (SAN), who incidentally is the national secretary of the UPU, is leading the UPU while FIDA legal team is headed by Mrs. Dise Ogbise.
Akpomudje, who commended the judge for “his sound ruling” on the application for Ese Oruru to have her evidence in private, disclosed that his application to the Inspector General of Police to join the prosecution team is being processed.
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