Court to CMD: Prove suspect’s death, burial with documentary evidences

A Federal High Court sitting in Jos, Plateau State on Wednesday ordered the Chief Medical Director of Barau Dikko Teaching Hospital, Kaduna to produce documented evidences to back his claim that a suspect, Nanpon Sambo, is “dead.”
Justice Dorcas Agishi gave the order shortly after two representatives of the CMD gave oral testimonies on the death and whereabouts of Sambo’s corpse as ordered by the court on December 18, 2019.
The judge’s order followed an application made by D.G. Dashe, Counsel to Sambo, after leading the representatives of the CMD in testimony.
The court ordered the CMD to produce the death certificate, all postmortem and medical reports, Coroner’s inquest, Hospital letter to government for evacuation of corpses and list of persons buried in November 2019 under corners burial system.
Justice Agishi ruled: “These listed documents are to help satisfy the court as to your (CMD’s) testimony that the suspect, Nanpon Sambo, is truly dead as certified by your hospital in July 2019.
“You can’t just come here with oral evidence even after you were told what was expected of you to do in the court order issued to you.
“We have heard you about the suspect, whom you claimed died of cardiac arrest and is certified dead and buried In Kaduna but you must produce all the documents to back that.”
Earlier, Dr Godwin Iko-Ayuba , a pathologist, and Y.I. Maiadashi, a Legal/Administrative Officer, both who represented the CMD, while being led in testimony by the defence counsel, vividly narrated how the suspect’s corpse was brought in to the hospital on July 6 by the Police.
They told the Court that “the police brought suspect’s body into the Accident and Emergency Unit of the Hospital at exactly 8pm on July 6 and on carrying our test on him, he indeed was certified dead.
“When we carried out an examination of the body, he was found to be very heavy and without any physical injury, no bruises and no fracture of any of his bones.
“I saw on the case note prepared by one Dr. Shehu that it was a case of sudden death, meaning he died of cardiac arrest.
“We didn’t carry any postmortem to know exactly the real cause of his death.”
The News Agency of Nigeria reports that when the two witnesses were asked about the documents of all that they testified on as proofs, they apologised for not carrying them along while leaving for Jos.
At that point, Dashe pleaded with the court to give an express order to the CMD to produce all the necessary documents to back his claim that Sambo was “dead and buried”.
He said: “My lord, the CMD representatives came here without any documentary evidence to back his claims that my client, Sambo, is dead and buried.
“I wish to apply that the court should order the CMD to produce all the documents that could serve as evidences backing his claims to the Court registry between now and two weeks for us to know the next line of action in this case.”
The Prosecution counsel, Keturah Saliyuk, from state Ministry of Justice, did not object to the application, but added that it would enable the Court take its decisive decision on the matter.
Dashe then applied for adjournment of the case to two weeks time within which the CMD would have furnished the Court with the documents.
The judge then adjourned the matter until March 4 for the CMD to produce the documents and continuation of hearing.