The Lagos High Court, yesterday threw out an application by Rear Admiral Harry Arogundade and some unidentified Naval ratings, asking the court to admit oral evidence in a suit by Miss Uzoma Okere and her friend, Abdulahi Abdulazeez, following the rating’s alleged assault on them.

Justice Opeyemi Oke, in her ruling on Arogundade and the rating's application, held that there was documentary evidence before the court that could be used to hear the case, insisting that there was no need for oral evidence.

Justice Oke, who further upheld the argument of the lawyer to Okere and Abdulazeez, Mr Lawal Pedro (SAN), saying that under Fundamental Human Right Procedures, the court was empowered to suo motu (afresh), call for oral evidence.

Lawyer to Arogundade and other defendants, Chief Bolaji Ayorinde (SAN), had in the instant application, urged the court to grant leave to his clients to cross- examine Okere and Abdulazeez in view of the allegations made against his clients.

Ayorinde had argued that in view of the conflicting affidavits sworn to by Okere and Abdulazeez and the defendants, the best way for the court to resolve the issue was for the applicants to enter into the witness box and be cross-examined but Pedro, who is also the Solicitor-General of Lagos State, opposed the application arguing that it was within the discretion of court to either grant the application or not, insisting that the court must take into consideration the facts placed before it.

Mr. Pedro (SAN) also argued that the recorded documentary evidence of the event was sufficient enough to resolve any conflicting issue that might arise in the matter.

The case was adjourned to May 26 for hearing of Okere's substantive application.