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By Ikhili Ebalu, Benin City
The Evbuoriaria Magistrates’ Court 2 in Benin City on Friday adjourned the trial of the Iyasere of Warri Kingdom, Chief Johnson Atselueghe, over alleged assault on octogenarian, Madam Grace Tietie, to 26th of May 2022 for judgement.
At today’s sitting, the Prosecuting Counsel, Police Prosecutor, N. A. Ukpebor adopted his written address.
He asked the court to sentence the defendant as the Prosecution has proved his case of Assault against the him.
He said, ” the complainant and the witnesses have proved before the court the true position of the case of assault and this we have in our written addresses.we urge this honourable court to sentence the defendant as charged.
In his written address,the defendant counsel, Pius Oiwoh told the Honourable court to dismiss the case of assault levelled against his client.
He said,the evidence presented before the court by the Investigation Police Officer, IPO, has proved that the allegations of assault against the defendant were all false.
He clearly proved that there were no harm which the complainant confirmed that she did not go to hospital
” My Lord, the IPO has told this Honourable court that, there were no wound on the complainant body ,so there was no need to take her to the hospital.
“Also , the complainant herself told the Honourable court that she did not go to the hospital for treatment.
“My Lord, I urge this honourable court to dismiss and acquit the defendant for ground of no case submission.
Having adopted their written addresses, the Presiding Magistrate, Mr Festus Okoro thereafter adjourned the case until 26 May , 2022 for judgement.
The defendant is being tried on a one count charge of assault on Grace Tietie, 84, the Keke of Ologbo Dukedom in Ikpoba-okha Local Government Area of Edo state.
The defendant is charged for unlawfully assaulting Chief Grace Tietie by beating her up with fist blows and inflicted injuries on her head.
The offence contravened Section 351 of the Criminal Code Cap 48 Vol.11 Laws of the defunct Bendel State of Nigeria, 1976, as applicable in Edo State.
If found guilty, Section 351 of the Criminal Code prescribes one year jail term for assault.
