A Benin High Court, Criminal Division, has dismissed a motion filed by Counsel to Prince Johnson Atseleghe, the Iyatsere of Warri, against standing alleged kidnapping and murder related trial with one Orighomisan Kaka.
Delivering ruling on argument earlier raised for and against adding Orighomisan Kaka, and ammending the charge, the presiding Judge, Hon. Justice mary Itsueli, held that the Attorney General was at liberty to do so.
The court also held that Section 211 of the constitution of the Federal Republic of Nigeria, 1999, as ammended, described the powers of the AG is pre-eminent and incontestable, and as such, the power of the Prosecution to ammend a charge and substitute a Defendant is not in doubt.
Hon. Justice Itsueli, while granting the ammendment to add Orighomisan Kaka as the 9th Defendant, said Section 208 of the Edo State Administration of Criminal Justice Law did not prohibit joint prosecution of Defendant’s.
The court noted that granting the ammendment does not constitute injustice and an abuse of court process and will not prejudice the rights of the eight other Defendants.
The court also dismissed the motion filed by Counsel to the 1st to the 7th Defendants for lack of merit.
The Defendants pleaded not guilty to the charge after the Court Registrar read it out to them.
The Defendants were alleged to have on 7th May 2020, at Ologbo town, Benin City, allegedly conspired to murder one Sunny Etchie at Ologbo Town, Edo State.
Prince Johnson Atseleghe was alleged to have procured and counselled Nosa Omoregie and Orighomisan Kaka and others now at large to kidnap Sunny Etchie.
It was alleged that Nosa Omoregie and others now at large in January 2020, willfully destroyed the house of late Sunny Etchie.
The 1st to the 9th Defendants are; Oluwa Etsemaje, Ayokotse Robinson, Nosa Omoregie, Felicia Otikpere, Ayuwa Mofe, Benjamin Erewa, Prince Johnson Atseleghe and Orighomisan Kaka.
The matter was adjourned to 24th September 2021 for hearing.
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