By Ikhili Ebalu Benin City
Hearing in the case of the State Versus Micah Missah Kaka in the alleged conspiracy, kidnapping and brutal murder of the Okaeghele of Kolokolo Community, in Ologbo Dukedom, Ikpoba Okha Local Government Area of Edo State, Nigeria, Mr. Sunny Etchie, has been adjourned to 23rd of July 2021 for hearing.
This was as a result of the reserved ruling by the Presiding Judge, Hon. Justice Mary Ituseli on a Motion filed by the Prosecuting team led by Mrs. Osasu Ewemade proposed amendment of charge to prosecute the 9th Defendant (Micah Missah Kaka) who was recently arrested after a year of running from Justice in one singular charge alongside the other Defendants, Chief Johnson Atseruleghe and 7 Others.
The Presiding Judge thereafter adjourned the case to 23rd day of July, 2021 pending the ruling on the Motion filed by the State Counsel.
“Meanwhile, before now, between that adjournment date and today’s sitting, there was a sitting in the other sister case where a Motion For Consolidation of all the accused persons in a singular ref charge, because it is the same transaction involving all of them was moved by the State Counsel – the Prosecuting Team and here was an opposition by the Defence Team and the ruling was reserved on those arguments from both side for the 23rd July, 2021.
In the light of that, the court adjourned this matter to measure with that earlier date because nothing can happen now until that ruling is delivered. so that, the issue of whether to consolidate or not to consolidate would have be resolved effectively by the court, so that we will know where to proceed from, whether as a consolidated trial or disjuncted.
Sharing more light on what the court call ‘Consolidate’, Barr Edaghese opined, “In a criminal allegation and there is an allegation that certain criminal act took place and there was a conspiracy of the suspects n carrying out the act. in pursuit of s singular purpose, and they actually did that act and executed it as individual.
In this case, they where not all arrested at the same time, while some where apprehended. So, getting those people who where eventually arrested to come and join other members who where so accused in the same transaction; when putting them together to face Fri in a singular charge, that is what is regarded as “Consolidation”, that mean bringing everything together in one piece instead of in piecemeal – to do otherwise is to do it in piecemeal.”
On whether he think it will affect quick delivery of judgment, Barr. Edaghese explained further. “It’s even tightier and faster when you do a singular trial of all the issues, calling witnesses to testify at once.
If a witness testify on one charge, goes home and you call or summon the witness to come again on the same transaction but different charge you are unnecessary delaying the trial because it takes more time, it waste time yo do that; it’d save time not to do that which is consolidation. Its also save cost to do that.
Missah Micah Kaka who was eventualy arrested after a year is being arraigned for the kiddnaping , murder of the Okaeghele of Kolokolo in Ologbo DukeDom.
Chief Johnson Atselege and 11 Others are currently being arraigned for alleged conspiracy, kidnapping and murder of Mr. Sunny Etchie, the Okaighele of Kolokolo Community in Ologbo Dukedom, Ikpoba-Okha Local Government Area, Edo State.
The accussed persons are Iyatsere of Warri ,Chief Johnson Ataelege , 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 .
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, Honourable Justice Mary Ituseli , has to adjourn the case for continous hearing to 23th of July 2021.
End.