An Ikeja High Court on Wednesday dismissed a defence application seeking to recall prosecution witnesses to tender documents.
Justice Ismail Ijelu ruled that the request was without merit and legally unsustainable under established procedural standards. He held that the defence failed to demonstrate any exceptional circumstance that could justify recalling previously examined witnesses.
The judge agreed with the prosecution that a change of counsel does not constitute a lawful reason to reopen cross-examination. The court also upheld the prosecution’s objection to the documents, ruling that they could not be tendered through witnesses who were not their makers, stressing that doing so would breach clear evidentiary rules.
Earlier, police prosecutor Dr Emmanuel Jackson had urged the court to dismiss the defence application, arguing that the legal conditions to reopen testimony had not been met. He cited case law emphasising that a change of counsel cannot justify recalling witnesses or restarting cross-examination. Jackson also opposed attempts to tender two documents, insisting the witnesses were not their makers.
Defence counsel Mr Chinedu Nwosu argued for the application, saying that as newly engaged counsel, he had not participated in earlier cross-examinations and that recalling witnesses was necessary to ensure a fair defence.
Mr Ojo Olufemi, representing the nominal complainant, aligned with the prosecution and urged the court to refuse the application.
The defendant, Offor, was previously arraigned on multiple charges including forgery, conspiracy, and unlawful occupation of property. The prosecution alleged that he and accomplices forged the signature and receipts of the late Mrs Comfort Eruchalu for an illegal sublease and unlawfully occupied property owned by Cool Comfort Africa Ltd. at the Trade Fair Complex in Lagos.
The court adjourned the case until 3 February 2026 for the continuation of the trial.
