*She’s evading cross-examination, say Lagos, LCC lawyers

For the fourth time, a star witness of the #EndSARS protests, Miss Serah Ibrahim, yesterday failed to appear before the Lagos State’s Judicial Panel probing the Lekki Tollgate shooting incident of October 20, 2020.

Lawyers for the government, Mr Olukayode Enitan, (SAN) and the Lekki Concession Company (LCC), Mr Rotimi Seriki, said she was evading cross-examination after making “scandalous, outrageous” claims about killings at the toll gate.

They asked panel chairman, Justice Doris Okwuobi (retd), to strike out the witness’ testimony from record of proceedings.

Ibrahim, on her first appearance on April 18, alleged she witnessed the shooting by the Nigerian Army at the Lekki tollgate, adding that at least 10 protesters were killed.

The freelance auditor presented videos and pictures appearing to show people shot dead or injured.

She also tendered flash drives containing videos and pictures, some of which she said she shot personally with her iPhone.

Ibrahim, who made her last appearance on August 7, faulted portions of the autopsy reports tendered by a forensic pathologist to the judicial panel of inquiry, Dr. John Obafunwa.

But she failed to show up yesterday. Her lawyer, Mr Adeshina Ogunlana, was absent too, although the panel was informed that he sent a notice that he was otherwise engaged.

“This will be about the fourth court sitting that this particular witness had failed to turn up,” Enitan told the panel yesterday.

He added: “The witness was available to lead all manner of scandalous, outrageous evidence-in-chief but when cross-examination commenced it has been epileptic attendance on the part of the witness.”

“It is my humble submission that the witness having failed to present herself to be cross-examined on her evidence…is to be deemed to have abandoned the cause. I will therefore urge that all evidence that was given by this particular witness be expunged from the record.”

Seriki agreed with his submission.

He said: “My Lord, we also will be obliged that the evidence of the witness is expunged having not been fully tested by cross-examination.

“It is also noteworthy that the counsel for the #EndSARS protester, Ogunlana, is also not here at the sitting.”

Justice Okwuobi asked if they wanted the witness’s entire testimony to be struck out.

Enitan agreed.

“It is the entirety of the testimony. A witness comes and gives evidence in chief and to be cross-examined by as many parties as are responding to that testimony. Where the witness fails to present to be cross-examined by all of those respondents, her evidence in chief cannot stand because the veracity of that evidence in chief is to be tested by the weight of the cross-examination added together,” he said.

The panel adjourned till September 11 to decide on the lawyers’ applications.

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