Magistrate Taribo Zimizu, Chief Magistrate for Court 6, Bwari of the Federal Capital Territory (FCT) has adjourned for further hearing on the case of alleged kidnapping of a set of twins by their mother, Janet Funsho Adeniyi, to August 15.
Magistrate Zimizu said that the absence of the allegedly kidnapped children, who are in the custody of the Lagos State government, under the ministry of youth and sports development, from the court, does not constitute an impediment on proceedings of the criminal case CR/91/2022.
The second defendant, Janet Funsho Adeniyi, who had met her bail conditions and was released on bail on 2nd August, was in court with the first defendant, her son David Solomon.
In his deposition, the prosecuting lawyer, Nnachi Okoro, who stood in for Adama Musa said the matter was for continuation of hearing.
The prosecution told the court that “There is an order of court directing the defendant to produce the children before this court.”
Seeking to know the exact order being referred to by the prosecution, the Magistrate asked, “which order, where is the order, you said there is an order, read it now.
“You are the prosecuting counsel, you said there is an order, you should be able to produce the order,” Magistrate Zimizu enquired.
He guided the prosecution that the “Order to produce the kids before the court does not stop proceedings” and sought the proceeding to continue the hearing.
He told the prosecution that where there was such order, it was the duty of the prosecution to ensure that such order was followed up with as the court was not charged to follow through after directing such action.
His words: “It is not the responsibility of the court to press for the order.”
Nnachi responded by calling for an adjournment, he said “in view of this, we shall be taking a short date for the continuation of the matter.”
The defence counsel did not oppose the request by the prosecuting council and the matter was fixed for 15th August for continuation of the matter.
The Magistrate advised the prosecution counsel to ensure that the order to produce the allegedly kidnapped children is complied with on the next adjourned date.
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