BY KAYODE ADEOTI
Tunde Zubair, the son of a popular notorious ex-convict in Ilorin, Yinka Are was arraigned before Justice Adeyinka Oyinloye yesterday for unlawfully possession of firearms.
Zubair was caught on the 28th July, 2016 in Osi, Ekiti local government, Kwara State along Egbe Federal Highway.
He was however arraigned before the court for belonging to a secret cult society known as Eiye Confraternity contrary to section2 of the Secret Cults and Secret Society (Prohibition) law of Kwara State 2016 and punishable under section14 of the same law.
Also, for unlawfully possessing a locally made gun loaded with live cartridge, punishable under Section 3 (1) of the robbery and Firearms (Special Provision) Act 2004.
After the court has overruled the application of the accused person’s counsel, Barr Mogaji Oba Abdulkadri, who prayed the court that the charge sheet should not be read saying court should open a new file for the case.
The accused person however pleaded not guilty to the charges.
Meantime, counsel to the accused moved a motion for bail saying his client should enjoy fundamental human right as a normal citizen.
The court submitted that the motion will be decided later after the hearing of the matter.
Barr Abdulkadri also intimated the court that written statement of the prosecution witnesses should be made available so as to enable better preparation for the defence adding that it is only when this is done that the prosecuting counsel can call his witnesses.
In the submission of the learned Attorney-General of the state, Barrister Kamaldeen Ajibade, he submitted that the application of the defence counsel is misplaced and unwarranted in view of the fact all the prosecution witnesses did not make any written statement.
“The prosecution only had oral interview with the police in the course of investigating the case pursuant to the provision of 123 of the criminal prosecution code.
He argued further that written statement could only be given to the accused person if it was obtained by the police.
The Court however ruled that the accused person counsel’s submission should not stop the prosecution from proceeding with the witness they have in court and that the prosecution should supply the accused person with written statement if there is any.
The witness, SGT Godday Sunday, who was invited by the prosecuting team stated that “On the 1st August, 2016, sergeant brought the accused to him to register in connection with the case of criminal conspiracy, belonging to secret cult, unlawful possession of firearms, exhibits recovered from him were bag containing locally made cut to size gun one live cartridge, hard rug of tramado.
After the cross-examination by the defence counsel, the court however ruled by adjourning the matter to 23rd March, 2017.