A Jos high court has resisted an attempt by the defence counsel to Moses Oko to discontinue the trial of the accused who is standing a two-count charge of mischief and culpable homicide.
Moses Oko is the student of University of Jos alleged to have killed his girlfriend late Jennifer Anthony on January 1, 2022, in a hotel in Jos.
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He was arraigned at the court on the 22nd of February 2022 while the trial commenced on the 3rd of March 2022.
The court resumed for the continuation of hearing on Friday to take additional six witnesses provided by the prosecuting counsel Barr. Alex Mulleng.
The prosecuting counsel announced her appearance as well as the presence of three witnesses in the court ready for the continuation of hearing.
However, counsel to the accused urged the court to discontinue the trial on the claim that his client Moses Oko was not mentally stable to continue with the trial.
The defense counsel also argued that due to the mental conditions of his client, he had not been able to receive proper briefing from him and so he was not fully armed with the necessary defence to continue with the case.
He therefore urged the court to adjourn the case until his client regained his normal state of mind.
The prosecuting counsel, however, urged the court to discountenance the oral application of the defence counsel, arguing that there was no evidence before the court to show that the accused is mentally ill.
She also reminded the court that the defence counsel must have been properly briefed before appearing in court.
She urged the court to continue the hearing considering that more witnesses have been mobilised for the trial.
Ruling on the oral application, the judge, justice Paul Gang, said the case was a continuation of hearing for which four prosecuting witnesses had been taken on the last hearing and more witnesses were already in court for continuation of hearing.
“It is also true that the medical report before the court shows the accused is in stable condition for the trial to continue.
“I therefore urged the prosecuting counsel to call the remaining witnesses,” he said.
From Yusufu Aminu Idegu, Jos
