By Ikhili Ebalu,Benin City
A Benin High Court, Criminal Court 1, has adjourned the alleged murder case between Edo State Government and Chief Johnson Atseleghe and Others for conspiracy, kidnapping and murder of Sunny Etchie, the Okhaigele of Kolokolo Community to 4th February, 2021.
The Defendants’ offence contravened Sections 516, 327 and 316 (1) punishable under Section 319 (1) of the Criminal Code Act , Cap C38, Laws of Federation of Nigeria 2004 and Section 2 (2) punishable under Section 3 of the Kidnapping Prohibition (Amendment) Law, 2013 of Edo State.
The trial which commenced in earnest with the state prosecution team taking their first witness and was in the witness box was observed by the defense counsel who complained that the additional statement made by the first witness was not in their copies but was in the copies with the court record and that of the plaintiff’s counsel.
The trial judge, Hon. Justice Ohimai Oviagele thereafter ordered the prosecution team to make copies available to the defense counsel and the case was thereafter adjourned to 4th February, 2021 for continuation at the instant of the plaintiff’s counsel to enable them make copies available to the defense counsel.
Speaking to newsmen after the sitting, Barrister Mathew Edaghese, counsel to the plaintiff said the presiding judge, Hon. Justice Ohimai Oviagele has to adjourn the case on the ground that the defense counsel complained that the additional statement made by the first witness was not in their own copy.
“The trial has commence in earnest, the prosecution team took their first witness and he is in the witness box. He was testifying, midway, there was the issue of additional statement made by the first witness, the defense counsels complained that it is not in their own copy given to them. It is in the one with the record of court and is in the copy with the prosecution team.
“So, the court has ordered that they should make copies available to them, so on the account of that, the case was adjourned to tomorrow. 4th February, 2021 for continuation of the hearing. The witness will continue with his testimony,” he opined.
In a related development,
the Benin High Court, Criminal Court 1, has adjourned another alleged murder case against the Iyatsere of Warri, Johnson Atseleghe and 7 Others to 4th February, 2021 at the instant of the court.
Atseleghe is the Iyatsere of Warri and leader of Itsekiri in oil-rich Ologbo Community, Ikpoba-Okha Local Government Area of Edo State.
The defendants Johnson Atseleghe and 7 Others, are being tried on the murdered of Okuomuose Omorodion and Genesis Orji in Ologbo Community in charge Suit No. B/CO/717M/20.
The Defendants’ offence contravened Sections 516, 327 and 316 (1) punishable under Section 319 (1) of the Criminal Code Act , Cap C38, Laws of Federation of Nigeria 2004 and Section 2 (2) punishable under Section 3 of the Kidnapping Prohibition (Amendment) Law, 2013 of Edo State.
Also speaking to newsmen after the sitting, Barrister Mathew Edaghese, counsel to the plaintiff said the presiding judge, Hon. Justice Ohimai Oviagele has to adjourn the case on the instant of the court.
Barr. Edaghese said, ” The murder case against Iyatsere of Warri, Johnson Atseleghe and 7 Others was also adjourned to tomorrow (4th February, 2021) on the instant of the court.
“The plea will be taken because the charge has been substituted , as one of the person at large was discovered to be a defendant in another case – a sister case in the custody of the correctional centre. So, they want to obtain his statement now that he has be found so that he can properly be brought before the court on the other charge, that is where we are, we will be here tomorrow,” Barr. Edaghese said