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By Ikhili Ebalu, Benin City
The absence of a Senior State Counsel , Mrs Osasu O Ewemade on Thursday stalled continuous hearing in the Case of Murder of Okaighele of Kolokolo Community, in Ologbo Dukedom ,Ikpoba Okha Local Government Area , Edo State, Nigeria , Mr Sunny Etchie and two other Youth Leaders, Okuomuose Omorodion and Genesis Orji brought by the State against the Iyasere of Warri, Chief Johnson Atselege and seven others at a Benin High Court 4 in Benin, City .
Senior State Counsel Osasu Ewemade was said to be away at the Edo State Ministry of Justice writing a Promotion interview – examination.
The action of some Counsels who tendered a letter from their office containing profuse apologies for her absence were seriously rebuked by the presiding Judge ,Hon Justice Ohimai Ovbiagele who reminded them that he had specifically asked her during hearing the previous day to assign the duty to another Counsel if she would be indisposed and not chanced to be in Court.
The worst part of the issue was that the Counsels who turned up in Court did not even have the relevant files from the Ministry with which they would have continued with the hearing .
The presiding Judge observed particularly that the indiscretion of the Ministry Officials not to include certain parts of the Statements of the Principal witness -one ,PW1 , in the documents made available to the defense Counsels was responsible for the Wednesdays adjournment to Thursday noting that he had cautioned them to ensure hearing was guaranteed on the day it was adjourned to.
Hon. Justice Ohimai Ovbiagele immediately ordered that a telephone call be put to the DPP at the Edo State Ministry of Justice ,Mrs Ikpefa noting that Senior State Counsel Osasu Ewemade only attends his Court once in a week and that it was not tidy she could be absent leading to temporal halt in the hearing in that case on that day.
The judge then asked the defense Counsels for their Comments and they all agreed and adjourned hearing in the murder of the Okaighele of Kolokolo ,Mr Sunny Etchie to 10 02 2021 and that of the murder of two other Ologbo Youth Leaders, Okuomuose Omorodion and Genesis Orji to 17 02 2021.
He however warned that the Senior State Counsel should not repeat what happened that day as the Court will not tolerate such untidy attitude .
The Counsel to 1st to 7th defendants ,R O Okoegbu had raised an observation to the effect that his Clients were being prevented from entering Kolokolo Community by some persons loyal to the late Okaighele despite being granted bail .
The presiding Judge ,Hon Justice Ohimai Ovbiagele admonished all the parties to remain calm pending the determination of the Case by the Court.
Also reacting to allegations by Counsel to the 1st to the 7th defendants that the first accused was being targeted at the gates of the Court to be arrested, Justice Ohimai Ovbiagele discharged the allegation as extraneous and reminded them to remain calm..
All the 8 accused persons including, The Iyatsere of Warri ,Chief Johnson Ataelege , Felicia Otikpere, female – 55; Oluwa Esimije – 38; Monday Iluwa – 58; Ayokotse Robinson – 54; Nosa Omoregie – 54; Mofe Samuel – 40; Magnanimous Omawumi – 40; Ayuwa Mofe – 65, Amerete Ejiro – 25, Onyeburutan Jeffrey – 25 and Benjamin Erewa – 39 were in Court .
It will be recalled that the accused Persons are being arraigned on a count charge bothering on conspiracy, kidnapping and murder of Sunny Etchie, the Okhaigele of Kolokolo community, in suite number B/co/717m/20.
The offence contravened Sections 324 ) punishable under the Criminal Code Act , Cap C38, Laws of Federation of Nigeria 2004, and Section 2 (2) and punishable under section 3 of 00 prohibition (Amendment) Law , 2013 of Edo State.
Speaking to newsmen after sitting, head of the legal team to Sunny Etchie’s family Barr. Matthew Edaghese said the case against Chief Johnson Atseleghe and 11 Others for conspiracy, kidnapping and murder of Sunny Etchie, the Okhaigele of Kolokolo Community was adjourned to 10th February, 2021 for continuation of hearing.
On the sudden disappearance of the State Counsel, Barr. Edaghese said, “There is no such thing like disappearance of the State Counsel. The State Counsel have promotional examination to write which she duly informed the court yesterday (3/02/2021) which was the basis for this adjournment.
“For that reason, the court suggested to her (the state counsel) if 1.00pm she would have be done with the exams by then, so it was presumably agreed that by then she would have be done, so it is not to cast a stone, so she is not in the control of the conduct of the exam, she is a candidate, she won’t leave the exam hall when the exam is still ongoing.
“However, she couldn’t finished as she speculated anticipated, so she duly wrote the court to inform the court that it is no longer feasible, so she have to be physically or personally present.”
Barr. Edaghese emphasised that “though, the Ministry is an Institution of many lawyers, but when a particular counsel have done a matter half way, especially if a witness is still in the box, it is tidier for her to finish the job, otherwise, you will be bringing somebody to start from where she didn’t begin. So, l think the application for adjournment which has very cogent reason is acceptable procedural.
“We have nothing against what transpired, it is natural for adjournment that is necessary to be granted, this is one of such adjournment that necessitated by circumstance, very compelling circumstance. So the case has been adjourned to the 10th day of February, 2021 for continuation.”
On the case of alleged murder of Ologbo Youth Leaders, Okuomuose Omorodion and one Genesis Orji by the Iyatsere of Warri, Johnson Atseleghe, and 7 Others, the presiding judge, Hon. Justice Ohimai Ovbiagele adjourned for hearing to 17th day of February, 2021.
Barr. Matthew Edaghese said the case against Chief Johnson Atseleghe and 7 Others was adjourned to 17th of February, 2021 for hearing.
“For the other one, the sister case, the murdered of Omorodion Okuomose and Genesis Orji by the Iyatsere of Warri, Johnson Atseleghe, and 7 Others, that have be adjourned for hearing on the 17th day of February, 2021. So l think the court is mindful of its desire to grant accelerated hearing in this case, so we are moving at that space”, he added.
