It was an emotion laden moment for Mr. Sylvester Oromoni Snr. the father of late Sylvester Oromoni Jnr., as he sadly watched, silently wept and wiped his tears with tissue papers while video clips showing painful moments of his son was played at the ongoing inquest held in Lagos on Monday.
The businessman who was ready to testify as the fifth prosecution witness in the circumstances leading to the death of the former student of Dowen College, however could not be cross-examined on the statements and other evidence he presented before Magistrate Kadiri as exhibits.
Further proceedings was adjourned till February 14, 2022 because counsel to the deceased family, Mr. Andrew Efole had not front-loaded all defence counsel with some of the documentary evidence, which could enable them to cross-examine the witness.
However, shortly after the deceased’s father, Mr. Oromoni was sworn on oath, he tendered some statements, a flash drive and the deceased’s box claimed to have been destroyed in the school.
All defence counsel objected to admissibility of the materials on the ground that they were not provided two audios and a video ahead of the proceeding.
According to Godwin Omoaka, SAN, counsel to one of the students accused of bullying and assualt on Oromoni Jnr., the counsel said,“I do not object to tendering the documents but we are being blind-sided. We are just seeing those documents for the first time. My learned friend ought to have made them available before now. He had them in possession before now.
“My learned friend has said he seeks to tender some videos, we have not seen those videos and we acknowledged and appreciated the nature and flexibility of tendering documents.
“We need to see those videos or else, we will not be able to cross examine. While we do not object to the admissibility, we want those videos be played in open court before we begin to cross-examine the witness, otherwise, we will be groping in the dark. I will be leaving this proceeding for today, I told the court last week that I would be travelling.”
Counsel to Dowen College, Mr. Anthony Kpokpo also aligned with earlier submission of the senior advocate.
“It is obvious, it is deliberate, because the normal practice is to frontload, even though this court is not bound by the normal practice.
“The inexplicable conclusion when you do otherwise is that you intend to ambush the other side.
“All these documents were not referred to in the statement of oath.
He urged that the material be provided so that the proceedings will not be delayed. In his words, “We don’t mind the avalanche of documents coming in from other side, but we asked that the video be played before the honourable court admits them.
“We don’t have copies of the documents to view them.”
The Coroner responded that there is no way he would admit a flash drive without counsel watching them.
Another lawyer, Mr. Ayi Ekpenyong Imah argued that the document tendered are secondary document.
Mr. Bernard Oniga watching brief for the Nigerian Bar Association,NBA, in his view observed: “I think there is a mindset he is urging for, but the Evidence Act does not apply here.
Magistrate Kadiri joined his voice to the submissions of defending parties saying: “They ought to have been served.”
He thereafte asked the prosecution if he needed time to do that.
Mr.
In addition to the video played, Mr. Efole also presented a grey/silver coloured box claimed to have been damaged in the school.
Mr. Kpokpo further said, “The very content of this flash was deliberately kept away from us.
“The videos we just washed and the managed audio has always been in the custody of the deceased family.
“This box that my learned friend sought to tender, there was no reference of it in the statement of oath for shock value.
He added, “Your honour, I confess my frailties. I am not a genius. We are constraint to review the materials and ask that my learned friend is kind enough to please extend the courtesy to us of serving copies of documents to be tender like we did to them, so that we will be appropriately prepared to cross examine the witness enough.
“We are not in a position to assist the Coroner without going through the document to be tendered by them.
Another counsel Mr. Izuchukwu
However, the Coroner said that he has not seen any depositions from the prosecuting firm in compliance with his earlier orders to all counsel.
Also enquiring if the letter got to the pathologist,
Conclusively, the Coroner ruled , “On the observations of counsel which the honourable court also agreed with, this inquest as regards PW5 is adjourned to Monday in order for counsel to study and be able to cross-examine.”
