By Ikhili Ebalu, Benin City
Hearing in the case of the State versus Chief Johnson Atselege and
7 others in the alleged murder of the Okaoghele of Kolokolo Community, in Ologbo Dukedom , Ikpoba Okha Local Government Area, Edo State, Nigeria , Mr Sunny Etchie, has been adjourned to 17th of February 2021.
The non availability of original or true certified copies of statements of the Principal Witness PWI, Mr. Benson Ayokotie course the Presiding Judge, Hon. Justice Ohimai Ovbiagele to adjourned the case for hearing.
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 asked the state counsel if she will be dispose to getting them satisfy before a given date, and the judge thereafter adjourned the case to 17th of February, 2021 to enable the state counsel satisfy the proof of evidence.
The Presiding Judge ,Hon Justice Ohimai Ovbiagele after consultations with all parties in the case consequently adjourned hearing to the 17 02 2021.
Speaking to newsmen after sitting, head of the legal team to Sunny Etchie’s family Barr. Matthew Edaghese said that the case is not Abuja case, there is no such thing either on the police act or in the constitution of the Federal Republic of Nigeria.
“This is not Abuja case, there is no such thing either in the Police Act or the Constitution of our country or under the Criminal Jurisprudent were a case that is handle by a state command should be taken to Abuja for vetting.
“Abuja is not a clearing house for case that has been investigated by the state, this is not Abuja case, the murder did not take place at Abuja territory, this is a federation, every state command has the power to prosecute, even the Divisional Police Office have the power to prosecute, so, this is not a special case that will require any special law that is not known to our legal jurisprudent.
Barr. Edaghese emphasized, “IGP does not run round the country making arrest. he operate through the command and this command have the power, procedural power to arrest, investigate and prosecute, they don’t need the approval or clearance from Abuja to prosecute a case they have investigate, a case that happen in their territory within their command, so, Abuja have no role or whatsoever to play.
“These are certain frivolous objections but because the court is minded to do practical justice, in the real sense of it, in every sense of the world, otherwise this objection can be overrule, the law provides for this trial to continue with or without what they are demanding for, but to fulfill all righteousness, the court in his wisdom decided to obliged the defense counsel; it is not as if it is a strict department of the law, the extant provision of the law takes care of it.”
On the allegation of continue harassment leveled against his clients by defense counsel, the head of the legal team to Sunny Etchie’s family Barr. Matthew Edaghese said, “that was very wide allegation that is baseless and unfounded by the defense counsel, is like a sinking stream man who has lost strength in the middle of the ocean looking for straw to hold on to, he is holding unto the wave, sinking the wheel, wave will not save the sicking man, it will obviously facilitate the sick.
“So, l don’t see any substance in that burgle allegation, he mentioned no name, he said community, community is not a name, he didn’t mention any individual, he said the military, and the military is not control by our clients, l don’t have a commander in chief of the armed forces before this court. neither do l have chief of army staff here as a client. So, if they have any grievance against the army, they should channel it to the appropriate quarter – the military not to me or my client, he concluded.