Murder of Ologbo Youth Leader: Judge Overrules Objections By Defense Counsel To Prevent Additional Witnesses By State Counsel

.....Judge Warns Against Piecemeal  Presentation of Witnesses

By Simeon OSAJIE

Efforts by  O. T. Okeke, the  Counsel to 1st to 7th Defendants/Accused Persons  in the case of The State Versus Olu of Warri, Chief Johnson Atselege and 7 Others in the alleged murder of the Okaighele of Kolokolo  to prevent the presentation of additional witnesses  by the State Counsel, Osasu Ewemade Esq. was  thwarted at the High Court of Justice, Criminal Court 4,  Benon City as the presiding Judge, His Lordship, Justice Ohimai Ovbiagele  overruled his objections.

O. T. Okeke had raised objections to the  invitation of additional four (4) Witnesses including Sergeant Otoide Marvelous who took records of the Statements of the Accused Persons at the Police Station by Senior State Counsel Osasu Ewemade, on  grounds that their Statements are not amongst the ones served on them and that even when they were eventually  presented were not true certified or original copies.

However, the Senior State Counsel, Mrs. Osasu Ewemade, Esq. was quick to kicked against the objections of the Defense Counsel, O. T. Okeke "wondering where he got the information he was allegedly attempting to propagate before the Court."

Ewemade said, "I don't know where he got that statement from, .the statements I have were made in Benin, Edo State".

The  presiding Judge, His Lordship, Hon.  Justice Ovbiagele ordered the Defense Counsel to allow the State Counsel to continue with her prosecution of the case as she is backed by the relevant laws and parts of the Evidence Acts, while the Judicial procedure guarantees her action.

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In his words, "let her call the witnesses, she has the right to call, ...only the State Counsel  can call  witnesses, ...And she has not  even called the Witnesses". 

On his part, Counsel to the 8th Defendant, Olu of Warri Chief Johnson Atselege, Senior Advocate of Nigeria (SAN), Ighedosa Aifuwa Imadegbelo, pleaded with the Court to ensure that the judicial privilege so solely bestowed on the State Counsel to invite Witnesses are not be abused.

The SAN in his conclusion of Cross Examination of the Principal Witness One, PW1, Mr. Benson Ayokotsie had  put it to him that being not one of the elders of Kolokolo Community, he had no business representing same in any transaction and that the Community's Chairman who is incidentally  the 2nd Accused  Person and  his blood brother Mr. Robinson Ayokotsie  as the Chairman and other leaders are  only the approved persons to  perform such duties.

In an interview with newsmen after the sitting, a member of the legal team to Sunny Etchie family, Emmanuel Idahosa Esq. said that the PW1 evidence has been completed and the case was adjourned by the presiding judge, Hon. Justice Ovbiagele to 18th and 19th of March, 2021 for continuation of hearing to call other witness in the matter.

Idahosa Esq said, "The State Counsel has just filed Notice to Call Additional Witness which has been filed before the court and that process has already been served to the Defense Counsel.

"The learned State Counsel has done what is needful to call Additional Witness, she followed the due process by filing a Notice to Call Additional Witness and served the court and the processes are before the court, the Counsel to the Defendants have no right to object to such request from the State Counsel, the court have so admit that process for her to call additional witness", he said.

The 1st defendant, Chief Johnson Atseleghe and 11 Others are being arraigned on a count charge bothering on conspiracy, kidnapping and murder of Sunny Etchie, the Okhaigele of Kolokolo community.

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 case was adjourned by the presiding Judge, His Lordship, Hon. Justice Ovbiagele to 18th and 19th of March, 2021 for continuation of hearing to call other witness.