8 Accused Persons Docked Over Sunny Etchie's Murder Case

By The9jaTrend

            Chief Johnson Atseleghe on                    Traditional White Attire Emerging 

                       from the Court

The case against 8 accused persons for the murder of Mr. Sunny Etchie, the Okhaigbele of Kolokolo Community in Ologbo Dukedom, Ikpoba Okhai local government area of Edo state came up today, the 19th day of November, 2020 at Criminal Court 4, in Benin City, Edo State, Nigeria. The Accused Persons took  turns to take their pleas at the dock following rejection of their motion to stall proceedings or outright dismissal of the case.

The 8 accused persons include the main suspect who is the Iyatsere of Warri, Chief Johnson Atseleghe, Oluwa Esimijie - 38, Ayokotse Robinson - 54,  Mofe Samuel - 40, Felicia Otikpere (female) - 55 Ayuwa Mofe - 65, Nosa Omoregie - 54 and Benjamin Erewa - 39.

Lead Counsel, Senior Advocate of Nigeria (SAN) Ighedosa Imadegbelo , leading, Bamidele Abina and O. T. Okeke had argued a motion where he 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, IGP, Adamu Mohammed which has taken over the case is completed. This was before the 8 accused persons took their pleas.

Ighedosa Imadegbelo SAN, who based his arguments on Section 215 and 167 Subsection D of the Police Act, and quoting amongst others, Justice Uwaifo on Gani Faweyehimi Vs. the IGP & Abidoye, Page 23, Okuruakpor Vs. The State said, "it was completely wrong to arrest a suspect and arraign same before the police look for evidence to do so."

He added, "the investigation from the IGP's Office has agreed that the statements of 5 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 Prosecution 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 contrarily that the reverse was the case", he observed.

Imadegbelo SAN, added,  "besides the main suspect, Chief Johnson Atseleghe was not even interrogated in the documents submitted to them, while the documents were not also signed."

He said in Fulani Vs. The State, an unsigned document or statement can not be tendered in a competent court of jurisdiction.

Imadegbelo said, "further investigation has revealed that preliminary findings by the Prosecutions 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 7 years to declare his death or otherwise status."

The SAN 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.

In her Counter Motion, the State Counsel, 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.

Barrister Ewemade E Osasu explained, "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 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 urged the court to take the pleas of the accused persons who were all present in court."

In his ruling, the Presiding Judge, His Lordship. Justice Ohimai Ovbiagele struck out the Motion by the defendants and asked them to enter into the dock  to take their pleas.

When the charges which bothered on 4  count charge of wilful damage of Property,  conspiracy, kidnapping and murder of Sunny Etchie, the Okhaigele of Kolokolo Community, the accused persons all pleaded not guilty.

His Lordship, Justice Ovbiagele consequently adjourned sitting to  27/1/2021 and 03/02/2021 respectively for continuous hearing. 

You will recall that in the Suit No.  B/CO/717M/20, the offences of the Accused Persons contravene Sections 324  of he 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.

When The9jaTrend approached the Legal Team of the Accused Persons, they refused interview, but Barrister  Mathew Edeghese, leading E E Idahosa who are holding brief for the Complainants, told Journalists that the court had agreed for the Accused Persons to take their Pleas without further delay reflects that justice will be served at the end of the day.