Alleged Murder Against Atselege and 11 Others: Case Adjoins To 26th May For Lack Of Appearance Of 1st Accused Person

By Simeon OSAJIE

His Lordship, Justice Mary Ituseli, the presiding judge of High Court of Justice, Criminal Court 4, Benin City has adjourned the case of alleged conspiracy, kidnapping and murder of Mr. Sunny Etchie, the Okaighele of Kolokolo Community against Chief Johnson Atselege, the Iyasere of Warri and 11 Others to 26th of May, 2021 for further hearing.

Before adjourning the case, Counsel to the 1st Defendant, C. O. Okeke told the Court that he received telephone call from the Correctional Centre that the 1st Accused Person is seriously sick and later told the Court that the 1st Accused Person again called only to complained that the prison staff left him behind while taking the other Accused Persons to Court. 

In view of this development, the Presiding Judge, His Lordship, Justice Mary Ituseli thereafter decided to attend to other cases while waiting for Correctional Centre staff to bring in the Accused persons.

After waited for several hours, the presiding Judge again took a break and came back before she adjourned the case to 26th May, 2021 for Continuation of Hearing.

Speaking to newsmen after the sitting, Counsel to the family of Late Sunny Etchie, Barr. Matthew Edaghese said, "The matter was slated for continuation of hearing today, but the Correctional Centre did not produced one of the Defendants and trial cannot go on in the absence of one of the Defendants, that is the provision of the law, they must all be completed, because they are on the face of the trial together.

"As a result, the case has been adjourned to 26th of May. 2021 for continuation of hearing."

Going further, Barr. Edaghese added, "At the interval, the learned SAN, the Defense Counsel made an Application before the court that he has a Motion to seek the leave of the court to Appeal, and the State Counsel rightly asked what are they appealing against, because there is no ruling delivered as we speak, but he said her knows what he want to appeal, but again, the State Counsel insist that whatever he filed was a Motion on Notice and that by virtue of the status of that Application, the State is entitled to time stipulated by law within which to react and they want to exercise that right.

"So, in the interval, the court has adjourned to tomorrow the 30th day of April for the State to react to the Application filed by the Defense Counsel, the Learned SAN on behalf of the Defendants seeking leave to appeal against what we don't know yet; by tomorrow we will know what the Motion Notice is all about.

Reacting to the drama that ensued in the court by the Defense Counsel saying that he received multiple calls from the First Accused Person that he was not feeling fine and again that he was abandoned at the Correctional Centre, Barr. Edaghese said, "Administratively,  that is a very very worrisome development, the Correctional Centre are very much aware of today's date, and it is their duty under the Constitution to convey inmates to and flo to court for trial on trial date. 

"So, if for any reason for their own negligence or inefficient and they allowed matter to drag on because they failed to do what they ought to have done, it is unfortunate and we do not think that will help the smooth administration of criminal justice, and again, we are saying they should wake up to their responsibility; flaming excuses will no longer avail them as an excuse for them to delay justice unnecessary. We are condemning that and we are vehemently opposed to that attitude because it will not help the society and the system," he concluded.