Missing ‘statement of oath’ stalls trial in allege forgery suit

Missing ‘statement of oath’ stalls trial in allege forgery suit


Ogbeson magistrates’ court 2 under the jurisdiction of Ikpoba-Okha Local Government Area of Edo State has adjourned allege forgery suit between the Edo State Commissioner of police against Messers Smart Agbonlaho a legal practitioner and Osagie Uwangue.

Chief magistrate Mutairu Oare adjourned the case on Monday at the instance of the Prosecution to September 13th and 14th 2021 for continuation of the case after.

The trial could not continue after the Prosecution failed to produce a statement of oath which is a procedure before the court.

When the trial magistrate called for the proceeding on Monday, the Police Prosecutor, Inspector Charity Asemota, pleaded with the court for an adjournment to enable her regularise her papers and serve the statement on oath.

She informed the court the proof of evidence was ready and served to the defendants, but was yet to be filed before the court.

Asemota admitted however that statement on oath of her witnesses in proof of the alleged of forgery, is not ready.

The suit was instituted by the police against the defendants on the allegation that Mr Agbonlahor who is the first defendant in the case, had forged a landed document bearing the Oba of Benin approval belonging to a Europe-based Nigeria and for claiming vested power of Attorney of the property.

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Uwangue was joined as the second defendant in the suit haven offered to give evidence in a Civil action at Edo State High court in which Mr. Agbonlahor was exercising the power of attorney actually owned the land since 2017 before the demise of justice Morrison Ighodalo.


The said Oba of Benin approval was the document attached to a matter filed by Mr. smart Agbonlahor for his Client who had given him the power of attorney to do so on his behalf.

However the respondents at the lower court moved the police to arrest and arraign the legal practitioner on allegation that the document was forged.

Counsel to the second defendant, Mr. I. J. Eguakun said his Client was joined in the suit because he vowed to witness that the owner of the property was known to him for over thirty years as a neighbour.

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