By By Ikhili Ebalu, Benin City
Honourable Justice Mary Ituseli, of Criminal Court 4 has threw away
preliminary objections seeking further hearing of the charges against Chief Johnson Atselege and 11 others
Counsel to Chief Johnson Atselege, has in preliminary objection ask the court to drop the charges against his clients as they have no case to answer.
Chief Johnson Atselege , the Iyatsere of Warri , 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 are facing trail on 5 count charge bothering on conspiracy to committe murder, malicious damage, kidnapping , and murder of Sunny Etchie, the Okhaigele of Kolokolo community, in suite number B/co/717m/20.
The presiding judge of Criminal Court 4, Justice Mary Ituseli has upheld the earlier reserved ruling by Justice Ohimai Ovbiagele, former presiding judge in the case of alleged conspiracy, kidnapping and murder of Mr. Sunny Etchie, the Okaighele of Kolokolo Community against Chief Johnson Atselege, the Iyasere of Warri and 11 Others.
Justice Mary Ituseli said it will be proper to upheld the earlier reserved ruling for their preliminary objection till when judgement date is ready so that it will be deliver alongside judgement.
Ruling on the preliminary objection,
Justice Mary Ituseli, said, the 9
grounds of preliminary objetion is premature . Stating that objections are not taken. Defendants Counsels are hereby asked to enter their plea.
All the 11 accused persons including, The Iyatsere of Warri ,Chief Johnson Atselege , 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 5 count charge bothering on conspiracy to committe murder, malicious damage, 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 prohibition (Amendment) Law , 2013 of Edo State.
The case was thereafter adjourned to 29the day of April, 2021 for hearing.
Speaking to newsmen after the sitting, Counsel to the family of late Mr. Sunny Etchie, the Okaighele of Kolokolo Community, Barr. Matthew Edaghese said that the former judge, Justice Ohimai Ovbiagele who was presiding over the case before his transfer had earlier reserved the ruling for the defense counsel preliminary objection till judgement date .
“As you all aware, the former judge that was hearing this case before the transfer, had earlier reserved the ruling for their preliminary objection till when judgement date is ready so that it will be deliver alongside with judgement.
“Then again, the defence counsel brought this application afresh before this new judge and this judge today had also upheld the earlier opinion of the former judge to the effect that the ruling will be delivered alongside with the main judgement”.
Barr. Edaghese emphasised. “the actual intention of that application was to abort this trial to truncate hearing, l think that intention has not succeeded, hearing will go on, justice will be serve in this case.”
Meanwhile, the Benin Solidarity Movement (BSM) and the people of Ologbo Dukedom held a protest against the judicial delay of justice against Chief Johnson Atselege, the Iyasere of Warri and 7 Others for the alleged conspiracy, kidnapping and murder of Mr. Sunny Etchie, the Okaighele of Kolokolo Community, Genesis Orji and Okuoimoise Omorodion.
The protesters with different inscription, “Johnson is a Criminal’, “Government should hear the cry of Ologbo people”, “Sunny Must Get Justice, “John is a murderer” and “We need Justice” were led to the NUJ premises by Benin Solidarity President (BSM) Elder Curtis Eghosa Ugbo.
Addressing Newsmen, Elder Curtis Eghosa Ugbo said they were at the NUJ to register the complain of the judicial delay of criminal case against Chief Johnson Atselege, the Iyasere of Warri and 7 Others for alleged conspiracy, kidnapping and murder of Mr. Sunny Etchie, the Okaighele of Kolokolo Community, Genesis Orji and Okuoimoise Omorodion.
Elder Ugbo said, “the judicial delay of a criminal case against one Johnson Atseleghe, the Iyasere of of Warri Kingdom who has allegedly involved in the killing of innocent citizen of Ologbo Dukedon of Ikpoba Okha local government area of Edo State where he is residing. He has been involved in a lot of criminal activities, for almost a year now, we have being fighting a case of conspiracy, kignapping and murder of Sunny Etchie, the Okaighele of Kolokolo Community, Genesis Orji and Okuoimoise Omorodion.
“This person were killed in cold blood by Johnson Atseleghe and his boys in Ologbo Dukedom. And as you all know, we have been fighting this struggle since last year, and just two days back, some of Johnson Atseleghe’s boys were captured in Ologbo Dukedom, Johnson gave them the mind that nothing will happen, because he was granted bail.
“We cannot be bought, we want justice for those that had been killed unjustly by Johnson Atseleghe and his boys. Some of his boys had already confessed to their crime, and we have proof of their confession; we have video evidence of their statement made to the police of their involvement in conspiracy, kidnapping and murdered Sunny Etchie, Genesis Orji and Okuoimoise Omorodion.
Also speaking, the Okaighele of Evboba Community in Ologbo Dukedom, Me. Osarumwense Osaghae said ‘We are tired and fed up for the delay of justice over the death of our brothers, Sunny Etchie, Sunny Etchie, Genesis Orji and Okuoimoise Omorodion.
“We are surpised that Johnson Atseleghe was granted bail, this is something that is bothering us. Is the law meant for ordinary citizen of this country, are the rich men in our society above the law? This question need answer from our governments”.
Adding her voice, a lady among the protesters. Eseho Adun said, “I must say that I am still in shock while Johnson Atseleghe is working freely like a free and innocent man till date. All his boys have confessed to the police that they were sent by Johnson Atseleghe for the alleged conspiracy, kidnapping and murder of our brother Sunny Etchie who was buried and later assumed and throw into the river. They also confessed their involvement of the murder of Genesis Orji and Okuoimoise Omorodion.
“Johnson Atseleghe suppose not to be walking freely, because as at yesterday, another of his boys who was arrested confessed that one Johnson Atseleghe sent them to kill Sunny Etchie, the Okaighele of Kolokolo community, Genesis Orji and Okuoimoise Omorodion.
“Our demand is that, Johnson Atseleghe should be return back to prison because our people are afraid, he is still treathening our people. Why should such man enjoy free movement in our society. His thinking is that, because he is rich and have connection to government, there is no law that will hold him.
“We are begging the Governor of Edo State, Mr. Godwin Obaseki to act quickly so that the people of Ologbo community can go back to their businesses.
“The Benins residing in Ologbo community – are they not part of Edo state who need protection from the government?” she asked.
“Johnson Atseleghe should return to Delta where he comes from and let peace reign in our state, Edo” she appealed.