By Okhide Em’ya David
Seven accused persons in connection with the murder of the Okhaigele of Kolokolo Community in Ologbo Dukedom, Ikpoba Okha Local Government Area, Edo State of Nigeria, Mr. Sunny Etchie have been granted bail, some of them with stringent Conditions.
The accused are Oluwa Esimijie, 38, Ayokotse Robinson, 54, Mofe Samuel, 40, Felicia Otikpere, 55 and Ayuwa Mofe, 65. Others, are Nosa Omoregie, 54 and Benjamin Erewa, 39.
The defense Counsel, Barrister O T Okeke had prayed his lordship, presiding Judge, Justice Ohimai Ovbiagele, to grant his Clients bail, firstly according to him that their “offenses were bailable in accordance with the criminal laws of Nigeria applicable to Edo State, and secondly owing to their exemplary conduct of not escaping along with many other prisoners during the infamous jail breaks in Benin City at the peak of #EndSARS Riot on the September 10, 2020.
Barrister O T Okeke assured the Court that the accused will not jump bail even if their offenses bordered on alleged murder, kidnapping, malicious damage and conspiracy to murder.
In the various motions supported by affidavits, the defense counsel said he was adopting the written applications in place of the oral submissions as well as relying on all the depositions while, tendering various exhibits to also support his claims.
He said his clients have all remained loyally in custody waiting earnestly for their prosecution.
However in her strong counter motions, the State Counsel or Prosecution Counsel Ewemade Osasu had vehemently objected to the bail applications for the seven accused or murder Suspects, saying especially in the case of Mr. Oluwa Esimijie whom she accused of jumping bail in a previous case, that they were all questionable Characters.
Barrister Ewemade Osasu maintained that the accused were hardened criminals and could obstruct prosecution while on bail.
Justice Ohimai Ovbiagele, having listened to both Lawyers decided to grant the accused bail in accordance with provisions of sections, 34, 161, and 162, of the Criminal Codes, in the Sum of N2m, N1m and N 500,000.00 and Sureties with gainful employment, evidence of Tax Payment as well as property owners whose Titles of the Properties must be deposited with the Registrar of the court.
Justice Ovbiagele also ordered that their international Passports be deposited at the court pending the period of hearing and determination of the Suits.
The seven accused persons and one Johnson Atseleghe, the Iyatsere of Warri who is actually the 1st defendant, are being arraigned on a 4 count charge bordering on conspiracy, kidnapping and murder of Sunny Etchie, the Okhaigele of Kolokolo community, in suite number B/co/717m/20.
Their offences contravene Sections 324 punishable under the Criminal Code Act, Cap C38, Laws of Federation of Nigeria 2004, and Section 2 (2) and punishable under section 3 of 00 prohibition (Amendment) Law, 2013 of Edo State.
Hearing in the case of the Iyatsere of Warri, Chief Johnson Atseleghe comes up on Thursday November 19 at Criminal Court 4, situated at Aiguobasimwin, GRA, Benin City.
The Counsel to the Plaintiffs, Barrister Mathew Edeghese, while speaking with Journalists after the sitting said they were sure of justice despite the bail as only the court actually has the powers or prerogative to grant such rare privilege.
