BY BARTHOLOMEW MADUKWE  &  OSAYEMI IBUKUNOLUWA

Lagos—Justice Ebenezer Adebajo of a Lagos High Court in Igbosere yesterday refused an application by the prosecution, following request to allow fresh blood samples to be collected from the suspected killers of Engineer Funsho Williams, the Peoples Democratic Party, PDP, 2003 gubernatorial candidate in Lagos State.

The suspects, Musa Maina, Bulama Kolo, David Cassidy, Tunani Sonani, Mustapha Kayode and Okponwasa Imariabie have been in prison custody since 2006.

In a ruling, Justice Adebajo held that all the legal authorities cited by the prosecution have no relevance to the case, adding that to allow the prosecution go on another voyage of carrying out another forensic investigation would further delay the trial.

The judge said: “There must be an end to litigation. In view of the foregoing, the application in my own opinion lacks merit and it is hereby dismissed,” and adjourned till April 15 and 16 for continuation of trial.

Consequentially, the court ordered the Director of Public Prosecution, DPP, Lagos State to file and serve on the defendants, the report of the earlier blood samples taken on the order of a Magistrate’s Court.

It will be recalled that sometime in April, 2013 the prosecution (Lagos State government) told the court that the exhibits for forensic evidence collected from the defendants at the commencement of the case including Funsho Williams’ eyes have been damaged due to epileptic power supply.

Consequently, the prosecution brought an application dated October 28, 2013, praying the court to allow it collect fresh blood samples from the defendants for the purpose of forensic examination.

Objecting, the defence lawyer Okezie Agbara argued that the court should not allow the prosecution to reopen investigation at this stage of the trial.

“Since the prosecution said the initial samples have been destroyed by lack of electricity, which samples will they match it with?” he argued.

According to him, an accused person should be prosecuted within reasonable time, saying that the matter has dragged since 2007 which was enough for the prosecution to gather fresh samples.

He further argued that allowing the prosecution will be a delay in justice, since justice is not only for the state but for the defendants as well and urged the court to disregard the prosecution’s prayer on grounds that an attached exhibit marked A, which is a ruling from a Magistrates’ Court was not signed by the Magistrate.

Agbara submitted that the ruling only contained the stamp and endorsement of the court’s registrar, as such cannot be relied on.