As the legal fireworks in the alleged kidnap and subsequent murder of Mr. Sunny Etchie the Okaighele of Kolokolo in Ologbo Dukedom, continues before a Benin High Court, Counsel to both parties in the matter have argued for and against inclusion of one Orighomisan kaka as the 9th Defendant.
Counsel to Prince Johnson Atseleghe who is the 8th Defendant, Ighodalo Imadegbelo, SAN, filed a motion to stop the Prosecution from trying to ammend the charge.
He argued that the State Counsel failed to first seek the leave of the court before filing a further and better counter affidavit.
The development, according to him, will bring about undue delay of the matter, emphasizing that there was an interlocutory appeal before the Court of Appeal in respect of the matter.
The state counsel, Osasu Ewemade, submitted that the Ist to 8th Defendants are charged with the same offence with Orighomisan kaka.
The State Counsel argued that because the parties are the same parties, same deceased, same date of commission of offence and same list of witnesses, the Prosecution can charge the 9th alongside others.
She submitted that it will be quicker and cost effective for the state as the winesses can come and testify in the matter.
According to the State Counsel, the 8th Defendant has not shown the court the particular miscarriage adding Orighomisa to the charge would cause him.
She stated that the 8th defendant’s Counsel made heavy weather of an interlocutory before the court of appeal, there is no stay of proceedings barring the high court from carrying on with the matter, even as she submitted that the state is within the law to ammend the charge.
She contended that that since the matter was starting denovo, the previous evidence expunged by the court, as it stands, there is no evidence before the court, hence, the Prosecution can ammend the charge.
Counsel to 1st to 7th Defendants, O. T. Okeke, opposed the Prosecution’s proposed ammendment to the charge.
He, however, said the Prosecution can ammend a charge provided that such an ammendment is not over-reaching.
Okeke added that Section 208 should be read together with sections 216, 217, 218 and 219.
He argued that since the court earlier granted leave to the Defendants to go on appeal, it cannot also allow the Prosecution to ammend the charge and bring in a new party into the ongoing charge.
Reacting to argument by Counsel to the 1st to 7th Defendants, the State Counsel submitted that the 1st to 7th Defendants were not parties to the appeal filed.
She emphasized that the court has powers to consolidate the parties to the matter, moreso, the party sought to be joined was copiously mentioned in the previous case.
The trial Judge, Hon. Justice mary Itsueli consequently adjourned the matter to 23rd July 2021 for ruling.
The offence contravens 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 the Kidnapping Prohibition (Amendment) Law, 2013 of Edo State.
Standing trial alongside Prince Johnson Atseleghe the Iyatsere of Warri are; Oluwa Etsemaje, Ayokotse Robinson, Nosa Omoregie, Felicia Otikpere, Ayuwa Mofe and Benjamin Erewa.
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