By Ikhili Ebalu, Benin City
Hearing in the case of the State versus Iyasere of Warri, Chief Johnson Atselege and
7 others in the alleged murder of the Okaighele of Kolokolo Community, in Ologbo Dukedom , Ikpoba Okha Local Government Area, Edo State, Nigeria , Mr Sunny Etchie, has been adjourned to 18th and 19th of March 2021 for continuous hearing.
However, efforts by O T Okeke, the Counsel to 1st to 7th defendants/Accused Persons to prevent the presentation of additional Witnesses by the State Counsel Osasu Ewemade Esquire was thwarted on Wednesday as the presiding Judge, his Lordship,Justice Ohimai Ovbiagele over ruled his objections .
O T Okeke had raised objections to the invitation of additional ,4 , Witnesses including Sergeant Otoide Marvelous who took records of the Statements of the accused persons at the Police Station by Senior State Counsel Osasu Ewemade, on grounds that their Statements are not amongst the ones served on them and that even when they were eventually presented were not true certified or original copies.
But the senior State Counsel ,Mrs Osasu Ewemade,Esquire quickly kicked against the objections of the defense Counsel , O T Okeke ” wondering where he got the information he was allegedly attempting to propagate before the Court .
Ewemade said” I don’t know where he got that statement from ,..the Statements I have were made in Benin , Edo State”.
The presiding Judge, his lordship , Hon Justice Ohimai Ovbiagele ordered the defense Counsel to allow the State Counsel to continue with her prosecution of the case as She is backed by the relevant Laws and parts of the Evidence Acts ,while the Judicial procedure guarantees her action.
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In his words ” let her call the witnesses, She has the right to call …only the State Counsel can call witnesses, …And she has not even called the Witnesses”.
On his part ,Counsel to the 8th Defendant ,Olu of Warri Chief Johnson Atselege ,Senior advocate of Nigeria ,SAN, Ighedosa Aifuwa Imadegbelo ,pleaded with the Court to ensure that the judicial privilege so solely bestowed on the State Counsel to invite Witnesses are not be abused.
The SAN in his conclusion of cross examination of the Principal Witness one, PW 1, Mr Benson Ayokotsie had put it to him that being not one of the elders of Kolokolo Community he had no business representing same in any transaction and that the Community’s Chairman who is incidentally the second accused person and his blood Brother Mr Robinson Ayokotsie as the Chairman and other leaders are only the approved persons to perform such duties .
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 Presiding Judge ,Hon Justice Ohimai Ovbiagele however adjourned the case to 18th and 19th of March 2021,for continuous hearing at the instant of the state Counsel.
