OLOGBO MURDER CASE : DEFENCE APPLICATION SUFFERS A SET BACK AS JUDGE RESERVE RULING TILL JUDGEMENT DAY.

 

By Mike ALADENIKA.

All attempts by the defense counsel in the murder case involving the Iyasere of Warri, Chief Johnson Atselege,  and 11 Others to secure a ruling in their preliminary objection to the trial, today suffered a setback as the presiding judge, Justice Mary Ituseli, upheld the  position of the initial trial judge
Justice Ohimai Ovbiagele, reserving judgement in the application till the date of judgement, thus requesting the defendants to commence their plea.

In the words of Justice Mary Ituseli "objections are not taken, defendants are hereby asked to enter their plea".

Justice Ituehi declared that, "it will be proper to upheld the earlier reserved  ruling for their preliminary objection till when judgement date is ready so that it will be deliver alongside with judgement".

His Lordship, Justice Mary Ituseli, while  presiding over the trial at the High Court of Justice, Criminal Court 4, Benin City 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.

The case was thereafter adjourned to 29th of April, 2021 for hearing.

Speaking to newsmen after the sitting, Counsel to the family of late Mr. Sunny Etchie, the Okaighele of Kolokolo Community, Barr. Matthew Edaghese said, "As you are 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 deliver alongside with judgement which is line with the provisions of the Administration of Criminal Justice Law (ACJL).

"Then again, the defence 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 emphasised that "the actual intention of that application was to abort this trial by truncating the hearing, l think that intention has not succeeded, hearing will go on, justice will be serve in this case."

The case was thereafter adjourned to 29th of April, 2021 for hearing.
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