By Ikhili Ebalu, Benin City
The case involving Chief Johnson Atsetuleghe, the Iyatsere of Warri and 8 Others for the alleged conspiracy, kidnapping and murder of Sunny Etchie, the Okaeghele of Kolokolo Community, in Ologbo Dukedom, Ikpoba Okha Local Government Area, Edo State, Nigeria has been adjourned to 4th and 11th, March, 2022 respectively for ruling by the court whether or not to admit the statements in question.
Chief Johnson Atselege, the Iyasere of Warri and 8 Others are currently being arraigned in the Edo State High Court Court 4 (Criminal Division) for alleged conspiracy, kidnapping and murder of Sunny Etchie, the Okaeghele of Kolokolo Community in Ologbo Dukedom.
At today sitting, the State Counsel Mrs. Osasu Ewemade and Barr. O. T. Okeke, counsel to 1st defendant Oluwa Esimijie addressed the court on whether to admit Exhibit T1 which is the confessional statement made by the 1st Defendant during the main trial when the prosecution sought to tender that statement.
The Defense Counsel objected to it that it was not made voluntarily that resulted to trial within trial and that statement is voluntary because it is confession in nature which is Exhibit T1.
While the exhibit T2 was another statement which was not subject of trial within trial but was tendered by the prosecution counsel, same statement was also for the 1st Defendant.
Adopting his motion for the trail within trail , the defense counsel, N. Nwoke to the 1st defendant, Oluwa Esimijie Urged the court to reject exhibit 1 and accept exhibit 2 in the main trail , stating that exhibit 2 is the main statement of the 1st defendant.
Nwoke in supporting his argument sited evidence of Supreme court judgements, that “the court will take the one that is favourable to the defendant, such as ,Anyian vs the Queen 1961 SCNER page 78at pages 80to 81paragraph F to C.
Also, State vs Kuri 1975 vol.9 NSCC page at page28 lines 1
—5 .
Supreme court decision Aiguoreghian vs State prepared 2004 NWWR vie 860 page 367 page 429 paragraphs a to f.
” We are urging my Lord to reject exhibit 1 and admit exhibit 2 reason is that it emanated from the prosecution.
In her response , the State Prosecutor, Osasu Ewamande urge the court to admit exhibit 1as it is the true statement of the 1st defendant, Oluwa Esimijie.
According to her, the I. P O , Marvelous Otoide told the honorable court that the 1st defendant’s statement was taken in a very condusive and Seren environment. Exhibit 2 is after thought as it came after investigation was concluded.
” Lastly my Lord , the 1st defendant when confronted with exhibit 1 admitted that the signature and name in it were his, so we urge my Lord to admit exhibit 1 for the proper trail .
The two Statements are before the court and trial has begun, address has been adopted and the presiding judge, Justice Mary Ituseli have reserve the ruling of the court whether or not to admit the statements in question.
Justice Mary Ituseli, the presifibg judge thereafter adjourned the case to 4th and 11th March, 2022 for continuity of hearing.
All the 8 Accused Persons including, The Iyatsere of Warri, Chief Johnson Atseleghe, 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.
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… Continue reading