The case against eight accused persons over the murder of Mr. Sunny Etchie, the Okhaighele of Kolokolo Community in Ologbo Dukedom, Ikpoba Okhai local government area of Edo state, last Wednesday took turns to take their pleas at the dock following rejection of their motion to stall proceedings or outright dismissal of the case.
The accused persons include the Iyatsere of Warri, Chief Johnson Atseleghe, Oluwa Esimijie, Ayokotse Robinson, Mofe Samuel, Felicia Otikpere, Ayuwa Mofe, Nosa Omoregie and Benjamin Erewa.
Defence lead Counsel, Barr. Ighedosa Imadegbelo (SAN), leading Bamidele Abinon and O. T. Okeke, had argued a motion where they prayed the court to discountenance the entire hearing and dismiss the charges pending when the investigation of the case by the office of the Inspector General of Police, Mr. Adamu Mohammed, which has taken over the case is completed.
Imadegbelo, who based his arguments on Section 215 and 167 Subsection D of the Police Act, and citing other previous judgement to support his argument, posited that it was completely wrong to arrest a suspect and arraign same before the police look for evidence against such accused.
According to him, “the investigators from the IGP’s Office has agreed that the statements of five of the accused persons were obtained under severe duress, while some of the complainants and witnesses especially one Darlington Origboye who were invited to the Force Headquarters in Abuja have since disappeared into thin air.
“The Prosecuting Police Officers submitted to their Offices reports with grave inconsistencies, whereas the one submitted on the 27/06/2020, acknowledged that investigations were completed, the report submitted on the 29/06/2020 stated that the reverse was the case.
“Besides, the main suspect, Chief Johnson Atseleghe was not even interrogated in the documents submitted to them, while the documents were not also signed.”
“Further investigation has revealed that preliminary findings by the Prosecution Officers are unable to establish whether the purported deceased Okaighele, Sunny Eichie is actually dead or alive and that previous cases as in DPP Vs. Uti recommended that all parties must wait for a mandatory seven years to declare his death or otherwise status.”
He consequently raised two issues which he said firstly bothered on Jurisdictional abuse of court process asking the court to dismiss the case so that the DPP can go and put their house in order and secondly, that the court can not work on Spurious Evidence.
But in a Counter Motion, the State Counsel, Mrs. Ewemade E Osasu asked the court to sustain the hearing in the case as the laws of Nigeria does not permit the police to ascertain whether statements are obtained under duress or not but the courts.
She explained that, “what the DPP is saying is fresh evidence and can always be added to the existing ones, demise of the deceased Okaighele, is not in contention as prima facie case has long been established against the accused persons, particularly the main suspect, Chief Johnson Atseleghe who was in constant communication with the deceased from when he was kidnapped until when he was murdered, which is a circumstantial evidence.
“All they are asking is for the accused persons to come and defend or explain their roles in the murder of Sunny Etchie and I urge the court to take the pleas of the accused persons who are all present in court.”
In his ruling, the Presiding Judge, Justice Ohimai Ovbiagele, struck out the Motion by the defendants and asked the accused to enter the dock to take their pleas.
When the charges which bothered on four count charges of wilful damage of Property, conspiracy, kidnapping and murder of Sunny Etchie, the Okhaigele of Kolokolo Community, was read to the accused persons, they all pleaded not guilty.
His Lordship, Justice Ovbiagele, subsequently adjourned sitting on the matter to 27/11/2021 and 03/02/2021, respectively for continuation of hearing.
You will recall that in the Suit No. B/CO/717M/20, the offences of the Accused Persons contravene Sections 324 of the Constitution, punishable under the Criminal Code Act, Cap C38, Laws of Federation of Nigeria 2004, and Section 2 (2) and punishable under Section 3 of the Kingnapping Prohibition (Amendment) Law, 2013 of Edo State.
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