The absence of the defence witness on Monday stalled the trial of a female lawyer, Yewande Oyediran, who allegedly killed her husband, Lowo.
Ms. Oyediran, a staff of the Department of the Public Prosecution, DPP, Oyo State of Ministry of Justice, at Akobo Area of Ibadan allegedly murdered her husband by stabbing him with a knife.
The private prosecutor, Sanya Akinyele, had on January 5 closed his case and the case was adjourned till February 13 for the defence counsel to open its defence.
However, the defence counsel, Leye Adepoju, informed the court that he would not be able to open the defence because a subpoena was yet to be served on the witness he intended to call.
Mr. Adepoju said that the witness must be subpoenaed before he could be called.
The defence counsel, while requesting for some photographs taken by the prosecutor, which they failed to tender to the court, sought for an adjournment.
In his reaction, Mr. Akinyele opposed the application for adjournment.
Mr. Akinyele said that the case has been adjourned for more than a month, which according to him, is enough time for the defence to have served their witness.
Justice Munta Abimbola overruled the objection of the prosecutor, saying justice of the case was paramount.
Justice Abimbola said that it would not be proper for the court to prevent the defence from getting the documents that would assist them in their case.
The judge adjourned the case till March 21 and March 22 for continuation of hearing.
Ms. Oyediran is standing trial on a one-count charge of murder to which she pleaded not guilty and was remanded in prison without bail.