A Chief Magistrate Court 6, Bwari of the Federal Capital Territory (FCT) has adjourned for further hearing the case of Mother, Janet Funsho Adeniyi who allegedly kidnap own twins to August 15, 2023.
Magistrate Taribo Zimizu, indicated 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 to proceedings of the matter.
The second defendant, Janet Funsho Adeniyi who has met her bail conditions and released on bail, 2nd August 2023 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 stated.
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, saying, “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 therefore advised the prosecution counsel to ensure that the order to produce the allegedly kidnapped children is complied with on the next adjourned date.
