From Joseph Obukata, Warri
The lawsuit instituted by the Delta State Commissioner of Police against Chief Ayirimi Emami, the Ologbotsere of Warri Kingdom over alleged missing crown of the Olu of Warri Kingdom, has been adjourned till June 1, 2022.
Daily Sun reports that the magistrate court 2, sitting in Warri, Delta State, adjourned the case with suit number: No. MW/175/C/2021, following a botched attempt by the prosecutor’s counsel to argue for stay-of-proceedings on an application brought before the court.
Prof. Abiodun Amuda-Kannike, SAN, is the lead prosecutor’s counsel having been granted fiat by the Delta State Attorney-General and Commissioner for Justice, Isaiah Bozimo, to prosecute the matter on behalf of the State with Chief Robinson Ariyo, Jolone Ikomi and F.J Atie, as co-applicant counsels.
While Chief Victor Otomiewo, a former Delta State Attorney General and commissioner of Justice, is the lead defence counsel with Chief Emmanuel Uti, Warri NBA Chairman, Presley Okojie, E. F, Akporuvweku, O. Edowe, E. S. O. Ogholaja and M. K. Ighomrore appearing as the co-defence counsels.
At the resumed hearing on Wednesday April 20, the lead counsel to the prosecutor, Amuda-Kannike, cited section 304 of the Administration of Criminal Justice Act, ACJA, 2017, while praying for stay-of-proceedings of the matter by the court, a motion, which was vehemently opposed by the lead counsel to Chief Emami, Chief Otomiewo, quoting section 36 of the 1999 constitution, to counter Amuda-Kannike.
Chief Otomiewo, described the Interlocutory application brought by the prosecutor as “incompetent”, saying there’s no provision for interlocutory appeal.
The prosecutor’s counsel had filled the interlocutory application for stay of proceedings after the court ruled against a motion for the court to recused herself from the case based on letter written by Warri Council of Chiefs over allegation that the magistrate was biased.
Chief Emami’s lead counsel, cited section 477, which forbids interlocutory application, adding that the law has taken care of the motion already brought before the court and noted that the today’s response by Amuda-Kannike, wasn’t same with the prayers filed in his motion.
Chief Otomiewo, further posited: “There’s nothing like Ayirimi as he then was”, maintaining that when an Appeal has been entered, no lower court can make further order. He therefore urged the court to dismiss the stay-of-proceedings as sought by the applicant.
His Worship, Ejiro H. Diejomoh (Mrs.) after listening to arguments from the defendant and prosecutor, adjourned the case to June 1, 2022 for ruling on the application for stay-of-proceedings.
Co-defendant counsel of Chief Emami, Chief Emmanuel Uti, said the defendant was ready to defend his case, saying “there’s no case against Chief Emami”.
He said that the complainant (s) were just trying to cause unnecessary delays, filling applications upon applications to delay justice for the defendant. “Chief Ayirimi Emmi is ready and willing to defend this case, he is ready to open it to the whole world to show it clearly that they are trying to tarnish his image but they are just trying to delay him”, he told newsmen.
Chief Emami’s legal team, strongly dismissed a letter written to the court, by some Chiefs of Warri Kingdom, stressing that the said letter was not known by law, adding that, “anybody can’t just write letter to court, except the complainant(s)”.