joshua— State Counsel To Reply Within 14 Days
By Ikhili Ebalu, Benin City
Motion for Application for appeal filed by the Learned SAN, Ighedosa Imadegbelo, Counsel to the Defendant, chief Johnson Atselege
was granted by Justice Mary Ituseli
of Criminal Court 4 Benin City Edo State.
The defendant Lawyer has earlier in a motion applied for the Exponge of chief Johnson Atselege from the case of alleged murder of Late Sunny Etchie, which the Court refused to grant.
Learned Counsel, Ighedosa Imadegbelo SAN today seeking leave of the court to appeal against the decision of the Court to reserved his decision.
Head of the Legal Team to Late Sunny Etchie’s family Barr. Matthew Edaghese has said that the decision by the Presiding Judge of High Of Justice, Criminal Court 4, Benin City, Edo State, His Lordship, Justice Mary Ituseli to have granted the Application filed by the Learned SAN, Ighedosa Imhadegbelo Counsel to the Defendants was with consonant of the provision of the the Criminal Justice Administration Law, but the Defense Counsel Abridges the right Of his Client.
Barr. Edaghese made the observation while responding to question from newsmen after the presiding judge of High Court of Justice, His Lordship, Justice Mary Ituseli has granted the Application filed by the Learned SAN, Ighedosa Imaduegbelo Counsel to the Defendants.
He said, “The Court took the Application by the Learned Counsel, Imhadegbelo SAN seeking leave of the court to appeal against the decision of the Court to reserved Ruling for the Preliminary Objection raised which the court declared premature, nevertheless reserved the Ruling till the main case is concluded along side with the final judgement. So, the Learned SAN decided to exercise his right of Appeal which the court has granted.
“But, we have gone through the contents of the Application seeking the leave of court – the Motion in Support of other Application, (the Affidavit) and we discovered that the ground supporting that appeal for that Application is neither here nor their; their it is stated by the Defense Counsel that what the Court did which was in consonant with the provision of the Criminal Justice Administration Law, abridges the right of his client (the Defendant).
“I do not know how a law that is an extant law will now bend backward over to accommodate the perceived right of a party before the Court.
“The right of a party is subject to extant laws, the laws are not subject to the right of a party.
“So, it is a beat awkward for anybody to think that the law will be bent to accommodate his wit and caprices, he said.
The Counsel to the Defendants Imadegbelo SAN again brought another Application seeking leave of the court to appeal against the decision of the Court to reserved Ruling for the preliminary objection raised which the court declared premature, nevertheless reserved the Ruling till the main case is concluded along side with the final judgement.
After looking through the Application, the Presiding Judge, His Lordship, Justice Mary Ituseli thereafter granted the Application.
Chief Johnson Atselege and 11 Others are 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 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.End.
