A defamation case instituted by Senator representing Ogun East at the national assembly, Buruji Kashamu against a member of Peoples Democratic Party, PDP, in Ogun State, Deji Babington Ashaye was yesterday stalled due to lack of evidence.
At the resumed hearing yesterday, Counsel to the accused person, Emmanuel Emili complained that the prosecution was yet to furnish him with the prove of evidence.
The Prosecutor, Inspector Sunday Eigbejiale told Magistrate Oriyomi Sofowora of Abeokuta magistrate court 1 sitting in Isabo, the state capital that copy of the prove of evidence was not ready and would be made available in due course.
Emili who told the court that he was ready to go on with the case explained that justice is not for the complainant alone but that the accused person also has a right to fair hearing.
According to him, having the prove of evidence would allow the accused person respond properly and adequately to all issues raised.
Magistrate Sofowora however adjourned the case till June 3 for the trial to properly commence.
Emili had earlier applied for the discontinuation of the case on the ground that Senator Kashamu has failed to attend the sittings as ordered by the court.
Emili said, “For the fourth consecutive time, the complainant is not in court despite the stern warning by the court. We are here today and he’s not here again.
“He had come to the court to get justice, yet, he is not in court, the case should be struck out and if he is ready for the matter, he should come back and do the case.”
But Magistrate Sofowora turned down the application on the ground that it will be unfair and unjust for the case to be struck out since a witness in the matter and the accused person were in court.
She maintained that the fact that the original complainant wasn’t in court doesn’t mean that the case has been abandoned.
Speaking after the sitting, a witness in the matter who is also the Special Assistance, Media and Publicity to the Senator, Austine Oniyokor explained that his principal had to fly a private jet to attend the case in the last adjourned date but that the matter was already adjourned.
He explained that Kashamu was ready to withdraw the case if the accused person would show remorse and apologise.
A factional Chairman of the party in the state, Sikirullahi Ogundele who was also in court described the action of the Senator as a show of power, condemnable and needless.
He however assured that leadership of the party would intervene to ensure that the matter is settled out of court.
Ashaye was on April 13, 2016 arraigned on one count charge for allegedly calling Kashamu a drug baron and criminal Senator on a social media platform of the party.