It was a demonstration of yet another amateur reality television show as proceedings resumed on Wednesday, March 16, 2022, at the Warri Magistrate court in the case between the Commissioner of Police versus the Ologbotsere of Warri Kingdom, Chief Ayirimi Emami over the alleged missing crown of the ancient and pristine Warri Kingdom, as counsels to the parties and their team members played the lead, supporting lead and ‘waka pass’ roles in the open court in what could best be likened to the most horrible film ever publicly exhibited in the history of Nollywood.
This came as the Honourable Chief Justice of Delta State and the presiding Magistrate in the suit, His Worship, Ejiro H. Diejomaoh (Mrs) respectively shredded the application by one Robinson Ariyo for the transfer of the case to another court and the petition by the Warri Council of Chiefs signed by its Secretary, Chief Eugene Ikomi, requesting His Worship to hands off the case and have it continued by another Magistrate (see letters attached).
Warri Mirror can authoritatively report that when the court resumed proceedings at exactly 9:12 am in the packed courtroom, not many people expected the drama that was to come shortly afterwards, even as counsels introduced themselves. Prof. Abiodun Amuda-Kannike, SAN announced his appearance as head of the prosecuting team having been granted the fiat by the Delta State Attorney-General and Commissioner for Justice, Isaiah Bozimo, to prosecute the matter on behalf of the State. Appearing with him were Jolone Ikomi, Esq and two others. Veteran lawyer of not less than four decades of legal practice and former Attorney-General of Delta State and Commissioner for Justice, Chief Victor Otomiewo announced his appearance for Chief Emami (the defendant). In his team were Chief Emmanuel Uti, Esq, Presly Okojie, Esq and 5 other counsels.
According to Warri Mirror, when he took the floor, Prof. Amuda-Kannike, SAN presented a letter from the Warri Council of Chiefs (WCC) and urged His Worship to consider it and indeed take a definite position before the continuation of the trial. He also informed the court that they have two pending motions already filled in court. However, Chief Otomiewo objected in very strong terms to the consideration of the said letter from WCC by the court. According to him, the prosecuting team was not bold enough to serve him a copy of the letter in tandem with the ethics of the legal profession. He said he was ready to go on with the case and urged the prosecution to call its PW1 to the witness box for the continuation of trial and save the time of the court and that of the defendant. This statement was strongly objected to by Prof. Amuda-Kannike, SAN and this led to a strong exchange of words between him and Chief Otomiewo, creating room for junior counsels in both parties joining in what had degenerated into what could best be described as a poorly stage-managed reality television show or the worst ever Nollywood film. The loudest of the supporting lead roles was Robinson Ariyo, who was not even in the prosecution team and His Worship had to seriously call him to order.
When the show of shame continued and His Worship could no longer tolerate it, she announced abruptly: “This court shall rise” and she retired into her chamber, leaving all hell to let loose between the two teams with the side of the prosecuting team doing well in the roles of antagonists with the lead actor on that side, Prof. Amuda-Kannike churning out all the stunts in his arsenal, while the defendant’s team maintained the mien and sagacity of protagonists with the lead actor on that side, Chief Otomiewo occasionally poking at the lead antagonists in a manner that unsuspecting attendees at the sitting would swear on his behalf that he did nothing at such points to warrant reactions of the antagonists.
After almost one hour of crossfires and the worst of Nollywood film exhibition, Warri Mirror reports that His Worship sent for lead actors of the two teams, Prof. Amuda-Kannike, SAN and Chief Otomiewo for a chat in the chamber of His Worship. As the lead protagonist and lead antagonist exited the courtroom to meet His Worship, uneasy calm returned among the other gladiators backstage (courtroom) albeit with occasional subdued unsavoury comments from both sides. Then came some more general atmosphere of sanity when the duo of remorseful looking Prof. Amuda-Kannike, SAN and Chief Otomiewo came back to the courtroom from His Worship’s chamber, to the seeming joy of observers.
When His Worship returned to the courtroom and resumed her seat at about 10 am, it was clear to all that she was no longer going to take further distractions from anyone. Chief Otomiewo was the first to take the floor and he restated the ground of his anger, even as he emphasised that the business of the day was for the prosecution to continue with the testimony of PW1 and not the consideration of some kind of strange letter from a body not a party to the suit or properly before the honourable court.
On his part, Prof. Amuda-Kannike, SAN said he owed Chief Otomiewo “no duty to serve him the letter which was filed in the court.” According to him, Chief Otomiewo “should have simply demanded access to a copy of the letter from His Lordship or me on friendship basis but not as of right and I would oblige him. He should not have described the letter as spurious,” even as he urged His Lordship to “consider the letter first to avoid speculations before, during and after the case is determined,” stressing that another Lordship in another court should be allowed to handle the matter.
“It is better to be cautious. We also have motions to amend the charge and for accelerated hearing of the matter. This is why the IPO is also here in court,” Prof. Amuda-Kannike, SAN added.
In his response, Chief Otomiewo said: “All the prosecution is doing is to put allegations before the court and scandalize the court so that Her Worship can hands off the matter. They started with a frivolous petition to the Honourable Chief Justice of Delta State but failed woefully to achieve their aim. Now they have written another letter to His Worship, laced with unsubstituted allegations. The defendant (Chief Ayirimi Emami, the Ologbotsere of Warri Kingdom) has the right to a fair hearing and speedy trial. He has been arraigned for 9 months now. The extant laws say speedy trial must be ensured 180 days after arraignment. The charge sheet does not have the Warri Council of Chiefs on it. We are ready to go on with this case. If they are not ready because they know that their case is dead on arrival, I will be making an application for dismissal.”
Before ruling on the matter, Her Worship apologised to all the Law Students in attendance at the day’s proceedings over what happened in the open court earlier, which she described as “Nollywood and Africa magic.” According to His Worship, “all that just happened as witnessed by you all is not the ethics of the profession and should not be emulated by you.” Her Worship immediately thereafter turned to Prof. Amuda-Kannike, SAN and reminded him of the earlier petition to the Honourable Chief Justice of Delta State (CJ) which wanted the matter to be transferred from her court to another court with the outcome seeing the CJ directing her to continue conducting the case.
“I got the WCC letter yesterday (March 15, 2022). The charge before me is burglary. To me, the content of the letter is personal. It is outside the face of this court, particularly the originators of the letter. The letter is frivolous and an attempt to injure my personality. I assume that a lawyer wrote this letter for the Warri Council of Chiefs (WCC) because a lawyer served it on this court and indeed requested an acknowledgement copy to show that I received it. The nominal complainants (WCC) have no right to drag this court negatively. I am working under the directive of the Honourable CJ of Delta State. I don’t know the defendant and have never met him until his arraignment here in this open court. This is clear contempt. This is why I wonder if the learned Silk read this letter before bringing it here and speaking to it. If the prosecution has yet another issue, please go back to the CJ again and complain,” Her Worship ruled.
At this point, Prof. Amuda-Kannike, SAN moved the two motions filed earlier by him in the court which according to him have been duly served. Responding, Chief Otomiewo said: “I am not opposed to it provided that the prosecution after that will cause its witness to continue with the case.” Thereafter, both motions were read to Chief Ayirimi Emami, the Ologbotsere of Warri Kingdom, to which he pleaded not guilty to the first one on the three-count charge.
Chief Otomiewo told the court that the defendant was already on bail and has not defaulted in any way. Said he: “We are ready to go on with the matter and start from where the prosecution stopped since January 2022 and nothing done since then till date. However, I am opposed to the second motion on accelerated hearing because the action of the prosecution thus far does not conform with extant laws. The prosecution should call up the PW1 to continue from where he stopped since January 2022,” Otomiewo stated.
His Worship thereafter adjourned the matter to April 20, 2022, for continuation.
Members of the Warri Council of Chiefs who attended the days sitting were Chiefs Gabriel Awala, Roland Oritsejafor and Brown Mene.
