Murder Case Against Atseruleghe & 7 Others: Case Adjourns To 23 July

By The9jaTrend

Hearing  in the case of the State Versus  Iyasere of Warri,  Chief Johnson Atseruleghe and 7 Others in the alleged conspiracy, kidnapping and brutal murder of the Okaeghele of Kolokolo Community, in Ologbo Dukedom, Ikpoba Okha Local Government Area of Edo State, Nigeria, Mr. Sunny Etchie, has been adjourned to 23rd of July 2021.

At today's hearing, the Prosecuting team, led by Mrs. Osasu Ewemade, proposed amendment to prosecute the 9th Defendant who was recently arrested after a year of running from Justice in one singular charge with the other Defendants before the Court was augured by both parties.

The State  Counsel, argued that it will be better to merge all the Defendants in one singular charge sheet  since the entire offence is the same. This she said will be tidier and cut  cost

"What we are asking Your Lordship is that  9th Defendant, Micah Missah Kaka  be added to the original case which is within the ambit of the law."

She argued, "it will be more expensive bringing witnesses every day and wasting of court process.

"Also, since it is the same charges, same offence, same person that they are accused of been murdered." she submitted.

She pleaded with the court to grant her application and discard the application  of the 8th Defense Counsel.

"We submit My Lord, that the prosecution at this stage is within  the ambit of the law  to log in charge with other Defendants, it will be quicker for court process, since the offence is the same."

She referred to Edo State Administration of Criminal Justice Law Section, 208.

Opposing the Application of the State Counsel, the 8th Defendant Counsel, Ighodalo Imandegbelo (SAN), argued that, there is an Application before the Court of Appeal. He told the court that there should be stay of proceeding pending the 8th Defendant pending Appeal.

The learned SAN augured  that it will be wasting of court proceedings bringing the 9th accussed person to join the other accused persons, and that Justice will not be fair.

According to him, plea has already be taken by the other accused persons, so bringing the 9th person will mean starting the whole proceeding fresh.

He referred to Sections 208,  217, 218 and 219, Edo State Administration of Criminal Justice Law.

He appealed to the court to throw away the application of the prosecution counsel as it lacks merit.

Haven listen to the argument of both parties, the Presiding  Judge, Hon. Justice Mary Ituseli, has to adjourn the case to 23rd of July 2021 for continous hearing.

Chief Johnson Atselege and 11 Others are currently  being arraigned for  alleged conspiracy, kidnapping and brutal murder of Mr. Sunny Etchie, the Okaighele of Kolokolo Community in Ologbo Dukedom, Ikpoba-Okha Local Government Area, Edo State.

All the  8 Accused persons including, The Iyatsere of Warri ,Chief Johnson Atseruleghe,  Felicia Otikpere, female - 55; Oluwa Esimije - 38; Monday Iluwa - 58; Ayokotse Robinson - 54; Nosa Omoregie - 54; Mofe Samuel - 40; Magnanimous Omawumi - 40; Ayuwa Mofe - 65, Amerete Ejiro - 25, Onyeburutan Jeffrey - 25 and Benjamin Erewa - 39 were in Court .

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.