By Okhide Em’ya David
Non-availability of original or true certified copies of Statements of the Principal Witness (PWI), Mr. Benson Ayokotie as well as lack of dates on the Statement, on Wednesday halted hearing in the murder case against Oluwa Esimijie and seven others including the Iyatsere of Warri, Chief Johnson Atselege.
The defendants were named in the alleged murder of the Okaoghele of Kolokolo Community, in Ologbo Dukedom, Ikpoba Okha Local Government Area, Edo State, Nigeria, Mr. Sunny Etchie.
The Presiding Judge, Hon Justice Ohimai Ovbiagele after consultations with all parties in the case consequently adjourned hearing to the February 17, 2021.
This is the second time technical hitch in statements of the Witness will compel the Court to adjourn hearing. Hon Justice Ohimai Ovbiagele had cautioned the Parties to the case not to attempt to indulge in judicial theatricals aimed at delaying the prosecution as the case borders on life and justice.
Issues leading to the unfortunate adjournment arose during cross examination of PW1, Mr. Benson Ayokotie by Counsel to 1st to 7th accused Mr. T O Okeke where he expressed serious reservations over the authenticity of the Copies of Statements of the PW1 served on him.
They lacked dates of origination and were neither original copies nor certified true Copies adding that he was very unwilling to rely on them in the course of prosecution.
O T Okeke who based his argument on section 236 of the evidence act had categorically stated that he was convinced that the PW1 was untrue with his evidence before the Court.
He had drawn the attention of the Court to a case the PW1 allegedly hurriedly instituted against one of the defendants, Chief Johnson Atselege and one Mr. Promise Akpote at a Warri high Court seeking to enforce his Fundamental Human Right and wit to halt arrest or detention of his person over alleged destabilization of Kolokolo, causing mayhem and chaos in the Community.
Okeke who had attempted to document copy of the judgement of the case at the Warri high court as evidence was however denied by the presiding Judge, Hon. Justice Ovbiagele who based his action on section 232 of the evidence Act and sited Olauyi versus the State, noting that all their references only be pointed to as documents.
The Counsel to the accused had also enjoined the Court to disregard the evidence of the PW1 having failed to appear before the Police from the Headquarters when he was summoned but Mr. Benson Ayokotie told the Court that his lawyer, Mr. Olayiwola Afolabi duly represented him .
Other issues raised against the PWI’s evidence by the defense Counsel was that he was the one who allegedly seized the Barge the protesters used for the exercise and not the youths loyal to the 8th accused, Chief Johnson Atselege, as he claimed before the court.
He added that because he belonged to a faction in the crisis he was deliberately concocting unfounded allegations against perceived enemies.
PWI was also accused of misleading the Investigators of Policemen in their investigation as he does not live in kolokolo and only spoke with the deceased leader on the phone.
The Counsel to the 8th accused, senior advocate of Nigeria, Ighedosa Imadegbelo in his contributions had requested the State Counsel to wit ensure all documents related to the case are adorned in their official togas, by way of them appearing in their original status, “as Original Copies or in true certified copies.”
The SAN said there are other crucial sections of the Evidence Acts including 1, 4, 5, 7, 9, and 236 particularly section 9 which are also very relevant to the issues being canvassed.
He added that the case of Olauyi and the State though acceptable does not entirely for close the references being drawn from other parts of the evidence Act against the authenticity of the evidence of the PWI by the defense Counsel Mr. O T Okeke.
Imadegbelo observed that the PWI having agreed to instituting legal action against some leaders of the Community including his blood brother, his statements should be guaranteed to be truly certified, citing that even Justice Niki Tobi in a ruling had overtly alerted the Judicial institution on the dangers of relying on Photocopies which have been proven to be inadequate in prosecution.
Shortly before adjournment, Counsels to the defendants had again drawn the attention of the Court to alleged harassment of their Clients, 1st to the 7th accused and who have been prevented from entering Kolokolo Community by some Military personnel on the orders of the PWI.
When the Presiding judge asked the Counsels holding briefs for Family of the slain Youth leader Mr. Mathew Edaghese leading E O Idahosa, and Ogaga O Emogwuanre if they were aware of the allegations they denied, saying that they were not briefed and that their witness was not a Brigade commander in the Nigerian Army who can give orders to soldiers.
Justice Ohimai Ovbiagele admonished all parties to remain calm until justice is served and called on the Counsels to do the needful.
You will recall that hearing in this case had been adjourned from on the February 4 to Wednesday 10 2021, following absence of senior state Counsel Osasu O Ewemade who was said to be away at the Edo State Ministry of Justice writing a Promotion interview examination.
All the 8 accused persons including, the Iyatsere of Warri, Chief Johnson Ataelege, 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 .
It would be recalled that the accused Persons are being arraigned on a count charge bordering on conspiracy, kidnapping and murder of Sunny Etchie, the Okhaigele of Kolokolo community, in suite number B/co/717m/20.
The offence contravened 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.
