By Gerald Onwuka
The approach to a matter that ordinarily should have been so transparent and straight forward, from an establishment that customarily ought to be the last bastion of hope, has left Nigerians worried.
Mr. Usifo Ataga was gruesomely murdered, and his trial is ongoing at the High Court of Lagos.
It is believed that one of the most pivotal pieces of evidence in a murder trial in this age, is the forensic evidence.
This murder investigation had already turned up ample fodder to aid the forensic investigations from blood, alleged murder weapon, blood-soaked clothing, blood-stained clothing, corpse, suspects, an entire apartment as a murder scene, you name it, they were all present.
The Lagos state government and the Police command under whose joint purview this case is, duly took charge and collected the requisite samples for both forensics and toxicology analysis, presumably to assist in the prosecution.
Then, the stories started. First, the police reportedly said that their forensic lab in Lagos was destroyed during the EndSars protests of 2020, and that the present government had not rebuilt it.
Apparently, there does not exist in the country any other lab that could carry out these tests, and therefore concluded that the only way to get these tests done was for the samples to be sent abroad.
They were said to have informed the family that the Lagos State government, through the office of Governor Babajide Sanwo-Olu had agreed to fund the forensic tests abroad.
It was gathered that many visits to different police departments connected with the matter, yielded no further updates.
As the clock ticked, questions about the status of the forensic tests that the state government had elected to fund continued to increase.
The police had stated that it would cost $17,000 US dollars but would not categorically say who would pay for these tests.
At some point, the family was said to have offered to pay for the forensic and toxicology tests.
A source knowledgeable in the matter, said the family asked that they be provided with a detailed invoice from the foreign laboratory detailing the tests that needed to be carried out, with their bank details, so they could pay directly to them as well as, transparently account for the expenses.
The source said as soon as the family raised the money and communicated same to the police through their lawyers, they were asked to come back in a week for a response.
He added that it was also suggested that some of the forensic tests could be carried out in Nigeria after all. This, it was learned made a lot of sense to those passionate about the case as there are laboratories in Nigeria that do DNA profiling.
Continuing, the source said on their return the following week, the family was asked to write a formal letter to the CP forensics, so that he could formally reply. A formal letter was said to have been promptly written in November 2021, and delivered by the family’s lawyer to the CP forensics’ office, and receipt duly acknowledged.
In following this up, three crucial documents came to the fore. The first was a letter that had been written from the AIG to the Attorney-General and Commissioner for Justice, Lagos State, regarding payment for the forensic analysis. This evidenced the fact that the DPP was aware all along.
A second letter from same author to the Lagos State DNA and Forensic Centre (LSD&FC) on this issue. The third document was an invoice with bank details of the forensic laboratory in America, that had been sent to the Attorney General, Lagos state by the LSD&FC, for the purpose of payment.
It was further gathered that as the family awaited a formal reply from the police with the bank details of the American laboratory to make payment for the forensics and toxicology tests, they heard in court from the prosecution that the forensic and toxicology tests had been sent overseas.
They were said to have sought the DPP to ascertain the status of the tests and were informed the DPP would communicate to them.
Expatiating, another source added: “Shortly afterwards, the family heard from the police that the Lagos state government had approved payment for the forensic and toxicology tests, this was apparently confirmed by the DPP and had released the funds and as such, the family no longer needed to bother with funding these.”
“This tallied also with what was earlier heard in court about the forensic and toxicology tests having been sent overseas to be carried out. The Lagos state government it seemed, was not only being dependable, but more importantly, keeping its word.”
“We were all waiting in anticipation of the forensic and toxicology tests results, only to be jolted back to reality with such feelings of utter dismay and disbelief by the news from the family’s lawyer that he had just discovered that the Lagos state government had still not paid into the account for the tests.”
With the prosecution clearly more than halfway gone, the news that these tests had still not been carried out is as devastating to many as they believe it is potentially jeopardizing the successful prosecution of the matter.
“It is baffling that in this day and age of the advancement and accuracy of forensic evidence that is hugely relied upon to determine one’s guilt or innocence, would not have both the prosecution and defence advocating for this crucial and fundamental information to be available as a matter of urgency,” another insider added.
At the moment, those following the case seem not to have a clear picture of what is really happening.
How on earth does the DPP start the prosecution of such a high-profile murder case without being armed with the forensic results? Who stands to benefit from a lack of forensic tests and results in this case?
Why should those seeking justice be put through such unnecessary further agony by the state, on account of seeking justice for their murdered loved one?
Today, 17th June 2022, Mr. Usifo Ataga who would have been celebrating his 51st birthday, is instead being remembered by his friends and family, on what is sadly, the one year anniversary of his death, and still, they cry “no justice for Usifo Ataga!”