BY OKHIDE EM’YA DAVID
Reserved ruling by Justice Ohimai Ovbiagele, former presiding judge in 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 was on Wednesday upheld.
Presiding judge of High Court of Justice, Criminal Court 4, Benin City, Justice Mary Ituseli, upheld the earlier ruling that the substantive pending application filed by counsel to the defendants in the kidnap and murder of the Okhaigele of Kolokolo community in Ologbo dukedom Mr. Sunny Etchie amounted to duplication of court process.
Her words: Objections are not taken, defendants are hereby asked to enter their plea” meaning that the case will now start afresh.
Justice Ituehi added: “It will be proper to uphold the earlier reserved ruling for their preliminary objection till when judgement date is ready so that it will be delivered alongside with judgement.”
Consequently, the suspects, Oluwa Esimijie, Felicia Otikpere, Monday Iluwa, Ayokotse Robinson, Nosa Omoregie, Mofe Samuel, Benjamin Erewa and chief Johnson Atseleghe, the Iyasele of warri were ducked again.
They took their pleas on the five count charge preferred against them by police over the kidnap and murder of the okhaigele of kolokolo community, sunny Etchie.
The charges are kidnapping, murder, conspiracy to commit murder, felony and malicious damage of property. The accused persons pleaded not guilty to the chargers.
Counsel to the defendants F.B. Abinan and Barr. O.T. Okeke prayed the court to tamper justice with mercy by allowing the defendants remain on the previous bail conditions as they all did not jump bail and they are always in court whenever they are needed.
The presiding judge asked the state counsel if there was any objection to the prayers of the defense counsel and she answered in affirmative.
The case was thereafter adjourned to 29th of April, 2021 for hearing.
Speaking to newsmen after the sitting, Counsel to the Nominal Complainant, family of late Mr. Sunny Etchie, Barr. Matthew Edaghese said, “As you all aware, the former judge that was hearing this case before his transfer had earlier reserved the ruling for their preliminary objection till when judgement date is ready so that it will be delivered alongside with judgement which is the provision of the Administration of Criminal Justice Law (ACJL).
“Then again, the defense counsel brought this application afresh before this new judge and the judge today had also upheld the earlier opinion of the former judge to the effect that the ruling will be delivered alongside with the main judgement.”
Barr. Edaghese emphasized: “The actual intention of that application was to abort this trial to truncate hearing, l think that intention has not succeeded, hearing will go on, justice will be serve in this case.”
Meanwhile, the Benin Solidarity Movement (BSM) and some members of Ologbo Community held a protest against the alleged delay in dispensing judgement in the murder case.
The protesters with different inscriptions, including: “Johnson is a Criminal’, “Government should hear the cry of Ologbo people,” “Sunny Must Get Justice, “John is a murderer” and “We need Justice,” were led to the Edo state secretariat of Nigerian Union of Journalists by president of Benin Solidarity (BSM) Elder Curtis Eghosa Ugbo.
Elder Curtis Eghosa Ugbo said they were at the NUJ to register their displeasure of judicial delay of criminal case against Chief Johnson Atselege, the Iyasere of Warri and 11 others for alleged conspiracy, kidnapping and murder of Mr. Sunny Etchie, the Okaighele of Kolokolo Community, Genesis Orji and Okuoimoise Omorodion.
“We are not happy with the judicial delay of a criminal case against one Johnson Atseleghe, the Iyasere of Warri and 11 others who are allegedly involved in the killing of innocent citizen of Ologbo Dukedom in Ikpoba Okha local government area of Edo State.”
Ugbo alleged that he has been involved in a lot of criminal activities, for almost a year now, and that they have been fighting a case of conspiracy, kidnaping and murder of Sunny Etchie, the Okaighele of Kolokolo Community, Genesis Orji and Okuoimoise Omorodion.
“These 3 persons were killed in cold blood by Johnson Atseleghe and his boys in Ologbo Dukedom, and as you all know, we have been fighting since last year, and just two days back, some of Johnson Atseleghe’s boys were captured in Ologbo Dukedom, Johnson gave them the impression that nothing will happen since he was granted bail.
“We cannot be bought, we want justice for those that had been killed unjustly by Johnson Atseleghe and his boys, some of his boys had already confessed to their crimes, and we have proof of their confession; we have video evidence of their statements made to the police of their involvement in murder of Sunny Etchie, Genesis Orji and Okuoimoise Omorodion.”
Also speaking, the Okaighele of Evboba Community in Ologbo Dukedom, Mr. Osarumwense Osaghae said: “We are tired and fed up over the delay of justice over the death of our brothers, Sunny Etchie, Sunny Etchie, Genesis Orji and Okuoimoise Omorodion.
“We are surprised that Johnson Atseleghe was granted bail, this is something that is bothering us. Is the law meant for ordinary citizen of this country? Are the rich men in our society above the law? This questions need answer from the authorities,” he said.
Adding her voice, a lady among the protesters, Eseho Adun said: “I must say that I am still in shock while Johnson Atseleghe is working freely like a free and innocent man till date.
“All his boys had confessed to the police that they were sent by Johnson Atseleghe to murder our brother Sunny Etchie who was buried and later exhumed and thrown into the river.”
She said the Boys also confessed their involvement in the murder of Genesis Orji and Okuoimoise Omorodion.
“Johnson Atseleghe supposed not to be walking freely, because as at yesterday, another of his boys who was arrested confessed that one Johnson Atseleghe sent them to kill Sunny Etchie, Genesis Orji and Okuoimoise Omorodion.
“Our demand is that, Johnson Atseleghe should be returned to prison because our people are afraid,
as he is still threatening them. Why should such man enjoy free movement in our society. He thinks that because he is rich and has connection to government, there is no law that will hold him.”
“We are begging the Governor of Edo State, Mr. Godwin Obaseki to act quickly so that the people of Ologbo community can go back to their businesses.
“The Benins residing in Ologbo community – are they not part of Edo state who need protection from the government?” she asked.
“Johnson Atseleghe should return to Delta where he comes from and let peace reign in our state, Edo,” she appealed.
