By Okhide Em’ya David
Edo State High Court has overruled an Application to tender some documents against principal witness 1 by Counsel to the 8th and principal defendant in the case of alleged murder of Mr. Sunny Etchie on grounds that they were not relevant to the evidence being rendered by the witness.
Sunny Etchie was the Okaighele of Kolokolo Community in Ologbo Dukedom, Ikpoba Okha Local Government Area before he was allegedly murdered.
The presiding Judge Justice Ohimai Ovbiagele in his ruling made reference to the documents, including a statement purportedly made by the Principal Witness 1, Mr. Benson Ayokotie when he was summoned by the office of the Assistant Inspector General of Police (AIG), Zone 5 and a copy of Judgement, by Presiding Judge of Warri High Cough Court, Delta State, Justice H Akpobi.
Justice Akpobi had said they cannot be tendered because according to section 232 subsection 2 of the evidence Act and, as quoted in Olaoye versus the State, also published in Law review in 2018 Volume 2002, they do not essentially condemn the oral evidence of the Witness.
The Senior Advocate of Nigeria (SAN), Ighedosa Imadegbelo in his argument had told the Court that the case did not fall under section 232 of the evidence Act.
He explained that all documents relevant to the proceedings in a criminal case as crucial as this one were tenderable especially as they purely tend to contradict the claims of the witness which he said were purported lies and falsehood
The prosecutor in Chief, and Senior State Counsel, Osasu O Ewemade had raised objections to attempts by the SAN to tender the documents and also basing her resistance on the provisions of the Evidence Act said the PWI had maintained that he did not read the copies of the Judgement being purportedly bandied before his lordship.
Counsel to the 8th Accused, Iyasere of Warri , Chief Johnson Atselege, during cross examination of the PWI said there was a crisis in Kolokolo Community before the one that resulted to the death of the Okaighele, Mr. Sunny Etchie.
The PW1 however debunked that claim, adding that it was not also true that he (the PW1) had fled to the Warri High Court to avoid answering the charges that the Police had brought against him.
PW1 remarked that his action was just to protect his fundamental human rights.
The PWI also stated that it was Chief Johnson Atselege who unilaterally claimed to have dissolved the Executive of the Community and over turned the Constitution of the Area, whereas he is not from Kolokolo adding that it was not the Marine Police who came to disperse them during the Protest from the Barge as observed by the defense Counsel.
He said Imasabor and Oghobaghaye Communities are both part of Ologbo Dukedom when asked by the defense Counsel if they were not separate entities, agreeing that he did not make statements at the Police Station when they were allegedly attacked by 7 Boats filled with thugs, during the Protest as well as when a youth was abducted.
He was however quick to add that the DPO of Koko Police division and other intelligence officers from the Nigerian Military Agencies immediately responded to their distress calls to prevent anarchy.
On whether he knows that the Iyatsere of Warri Kingdom as the 3rd most prominent Chiefs in the hierarchy of the Traditional Council amongst the Itsekiri’s has the right to interface in the affairs of his People outside Warri, the PWI replied in the negative.
He added that it was not also true that he did not make a formal statement at the Police station but elsewhere as claimed by the defense Counsel.
Amongst other issues raised by the defense Counsel was the authenticity of the actual place that the PW1 said he was on the on June 4, 2020 and the legality of his movements, owing to the fact that the Covid 19 pandemic was at its peak at the period leading to a total lock down.
The defense Counsel recalled that during that same period he had obtained a pass to conduct a burial ceremony in the next State, Delta, but was halted and sent back at the borders by Security Agents who told him that his papers did cover or extend to other states or territories.
On his part, the defense Counsel to 1st to 7th defendants, O T Okeke who closed his cross examination of the PWI on Thursday had attempted to ask for original copies of his (PW1) statements instead of the certified copies they were served with.
However, the presiding Judge quickly directed him to proceed with the exercise having also confirmed that all the information he needed to continue with his task at the Court were contained in the document before him.
O T Okeke thereafter asked the PW1 if he put a date on the written statement to which he said he could not recollect because of the intense pressure on the day he made the statement.
The defense Counsel asked if it was true that PW1 was present during the confession of the 1st 2nd and 7th defendants where they admitted to have committed the crime charged against them at the Police Station.
He affirmed yes, but when he was quickly reminded that “Suspects do not confess outside the sole presence of Police Officers,” he (PW1) also promptly added that other people were there.
When the PW1 was also asked by the defense Counsel if he was aware that the Police from the Inspector General’s office in their interim report dated September 29, 2020 had claimed that the defendants or suspects never made any confessional statements he replied that he only knew that the Police in Edo State, Benin specifically and that they were purely in charge of the case of the murder of his brother Mr. Sunny Etchie.
On whether he was not unjustly accusing the “2nd defendant who is also his blood brother, same mother and father of murder because he belonged to a separate faction.” the PW1 denied saying he had ‘no cause’ to lie to the Court.
Before the case was adjourned, Counsel to the 1st to 7th defendants, O T Okeke had again drawn the attention of the Court to the prevention of his clients from gaining entrance to the Kolokolo Community by Military personnel on the orders of the PW1, one Rowland Imade and Charles Asokworamen.
He added that even when he spoke to the Odionwere, Pa Samuel Asokworanmen he confirmed that his hands were tied to the decision of the other three persons.
The Counsel holding brief for the family of the slain Okaighele of Ologbo, Mr. Mathew Edaghese Esquire and the Senior State Counsel, Osasu Ewemade were however quick to dismiss the claims.
Mr. Edaghese said they were “strange and frivolous aimed at whipping up sentiments.”
Before adjourning hearing in the case to February 24, 2021, the presiding judge Hon Justice Ohimai Oviagele admonished all parties to remain calm asking O T Okeke to liaise with his learned Colleagues to resolve the issue.
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 present in Court on Thursday.
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.
