Alleged Murder Trial of Atseleghe, 11 Others Adjoined to 26 May.

By Lucky Isibor.

The presiding Judge of High Court of Justice, Criminal Court 4, Benin City, the Honourable Justice Mary Itsueli has adjourned the case of alleged conspiracy, kidnapping and murder of Mr. Sunny Etchie, the Okaighele of Kolokolo community in Ologbo dukedom against Chief Johnson Atselege, the Iyasere of Warri and 11 Others to 26th of May, 2021 for continuation of hearing.

Before adjourning the case, counsel to the 1st Defendant, C. O. Okeke told the court that he received a telephone call from the Correctional Centre that the 1st Defendant is seriously sick and later told the court that the 1st Defendant again called only to complain to him that the prison staff left him behind while taking the other Defendants to court.

In view of this development, the presiding Judge, Her Lordship, Hon. Justice Mary Ituseli thereafter adjourned the case to 26th May, 2021 for continuation of hearing.

Speaking to newsmen after the sitting, counsel to the family of late Sunny Etchie, Matthew Edaghese (Esq) said, "the matter was slated for continuation of hearing today, but the Correctional Centre did not produce one of the Defendants and trial cannot go on in the absence of one of the Defendants, that is the provision of the law, they must all be complete, because they are on the face of the trial together.

"As a result, the case has been adjourned to 26th of May, 2021 for continuation of hearing."

Edaghese (Esq) noted further that, "at the interval, the learned SAN, Imhadegbelo, the Defence counsel made an application before the court that he has a motion to seek the leave of the court to appeal, and the State Counsel rightly asked what are they appealing against, because there is no ruling delivered as we speak, but he said he knows what he want to appeal, but again, the State Counsel insist that whatever he filed was a motion on notice and that by virtue of the status of that application, the State is entitled to time stipulated by law within which to react and they want to exercise that right.

"So, in the interval, the court has adjourned to tomorrow the 30th day of April for the State to react to the application filed by the Defence Counsel, the learned SAN on behalf of the Defendants seeking leave to appeal against what we don't know yet; by tomorrow we will know what the motion on notice is all about."

While reacting to the drama that ensued in the court by the Defence Counsel saying that he received multiple calls from the first Defendant that he was feeling fine and again that he was abandoned at the Correctional Centre, Barr. Edaghese said, "administratively,  that is a very very worrisome development, the Correctional Centre are very very much aware of today's date, and it is their duty under the Constitution to convey inmates to and from the court for trial on trial date. 

"So, if for any reason for their own negligence or inefficiency and they allowed matter to drag on because they failed to do what they ought to have done, it is unfortunate and we do not think that will help the smooth administration of criminal justice, and again, we are saying they should wake up to their responsibility; framing excuses will no longer avail them as an excuse for them to delay justice unnecessarily. We are condemning that and we are vehemently opposed to that attitude because it will not help the society and the system," he said.