Lead counsel to the Ologbotsere of Warri Kingdom (Chief Ayirimi Emami), Chief Victor Otomiewo has described the Motion filed by lead counsel to the prosecution by way of fiat, Prof. Abiodun Amuda-Kannike, SAN as “incompetent, a trap, premature, frivolous, scandalous, abuse of fiat and court process aimed solely at keeping Chief Ayirimi Emami who is the Ologbotsere of Warri Kingdom from source, perpetually on trial.”
Warri Mirror can state with authority that this came at the resumed hearing on April 20, 2022, of the case of the alleged missing crown of the ancient and pristine Warri Kingdom against Chief Ayirimi Emami and others allegedly at large versus the Commissioner of Police in suit No.: MW/175/C/2021 holding at Magistrate Court 2, Warri, Delta State before His Worship, Ejiro H. Diejomaoh (Mrs).
Soon after His Worship, Diejomaoh (Mrs) took her seat at exactly 9:12 am in the packed courtroom, appearances were announced by lead counsels of both sides. While Chief Otomiewo stated that he was ready, willing and prepared to go on with the day’s agenda which is the continuation of the prosecution’s case with the first witness called and already in the witness box since January, Prof. Amuda-Kannike, SAN on his part told the court that he has two Motions namely: Motion on Notice for Stay of Proceedings, the Motion on Notice for leave to use Statement on Oath in evidence and the commencement of trial denovo, adding that depending on the outcome of these Motions, he was also ready to go on.
Responding, Chief Otomiewo said, “Your Worship, their incompetent Motion was filed in court yesterday and served on me same yesterday. They had over one month since the last hearing to file anything but deliberately waited until yesterday. Their action is to frustrate proceedings in this suit. This case was adjourned last time to today for continuation of hearing. Their thinking is that I will ask for time to go and file a reply to their Motions. Wrong! I will do no such thing. The Delta State Administration of Criminal Justice Law (ACJL) has no place for the application for a stay of proceedings once a matter had commenced, adding that though he did not file a Counter Affidavit because it was needles in law, he was nonetheless prepared for an argument.
After listening to both lead counsels, the court gave a nod specifically for arguments regarding the application for stay of proceedings, which the counsel to the prosecution moved but the defence counsel vehemently opposed.
In his argument, Prof. Amuda-Kannike, SAN said, “there is an appeal already on this matter at the High court. Applications like this, especially the one for a stay of proceedings are usually granted. Allowing this does not extinguish the case itself but indeed protects it. We have fulfilled the conditions necessary for a stay of proceedings,” even as he made generous reference to Section 304 of the Delta State ACJL.
Responding for the defence, Chief Otomiewo said, “It is crystal clear that the Section 304 they referred to which makes the general rule of not allowing the application for stay of proceedings, did so and indeed stated therein clearly that this is subject to the provisions of the Constitution. The Magistrates’ court is not part of the courts mentioned at all among the courts listed in Section 304 of the ACJL. Assuming it even applies, Section 31 of the Constitution nullifies it. A fair hearing is subject to reasonable time and not to the whims and caprices of an unprepared prosecution. Your Worship, Section 304 is clear that it can only be granted after a judgement has been delivered by you, Sir. Section 477 (1&2) of the ACJL and the case of Onnoghen vs FRN, 2019 makes it clear that stay of proceedings is no longer permitted under the ACJL.”
While urging the court to dismiss the application, Chief Otomiewo declared: “This motion is premature, frivolous and aimed at keeping the defendant on trial in perpetuity. What is going on here is an abuse of the fiat granted the prosecution and other forms of shenanigans. The law bars Your Worship from entertaining this motion. This is judicial rascality. They are only scandalising everybody including the court. There is also the issue of their motion not being the same as their prayer. For instance, they stated in their motion a certain ‘Chief Ayiri Emami as he then was.’ There is no defendant like that before Your Worship. This blunder was repeated all through their affidavit! Proceedings in this matter have since commenced and is merely for continuation today. The proper prayer would have been for them to apply for a stay of further proceedings. This motion is grossly incompetent. Since they claimed to have filed an appeal and it is duly entered in court, coming here is an abuse of the court process and to set trap for Your Worship. Your Worship should see this application as one in the series of abuse of the fiat given to them by the Delta State Government. They are only here chasing shadows to keep the accused (Chief Ayirimi Emami, the Ologbotsere of Warri Kingdom) perpetually on trial.”
After satisfactorily listening to the counsels, His Worship, Diejomaoh (Mrs) adjourned to June 1, 2022, for a ruling.
Though the packed courtroom was calmer and much better than the intense and suspense-filled drama during the previous sitting with both lead counsels and their juniors as the dramatist personae, there were however occasional verbal jabbing, pinching and bitting by both lead counsels and their a bit subdued juniors this time around.
While Prof Amuda-Kannike, SAN appeared for the prosecution with Jolone Ikomi, Esq and three other junior lawyers, Chief Otomiewo appeared with Chief Emmanuel Uti who is also the current Chairman of the Warri branch of the Nigerian Bar Association (NBA) and eight other junior lawyers.
Warri Mirror magazine was reliably informed by a Palace source who pleaded anonymity that the of the over 70-member Warri Council of Chiefs (WCC) heavily mobilized and instructed to attend the day’s sitting, only eight (8) of them managed to show up, most of them sauntering in long after the commencement of the sitting. The 8 Chiefs present in court were Johnson Amatserunleghe who is the Iyatsere of Warri Kingdom and number 2 in terms of the hierarchy of Chiefs of Warri Kingdom (the Ologbotsere is number 1 in the hierarchy), Gabriel Awala who is the Uwangue of Warri and number three (3) in the hierarchy, Dr Roland Oritsejafor who is the Ogwa of Warri, Patrick Yalaju, Brown Mene, Omolubi Newuwumi, Clement Akpeto Maleghemi and Eugene Ikomi.
A good number of Ologbotsere Descendants Worldwide were also present in court. The list include but not limited to Pa William A. Anukun who is the Secretary-General of the Ologbotsere Descendants Worldwide, Pa Odia and Comrade Alex Eyengho among others.
Responding to journalists after the court sitting on behalf of the defence team, Chief Uti, said the defendant was ready to defend his case, adding, “there’s no case against Chief Emami.
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 doing everything at the same time to delay justice for him. You can imagine some Chiefs of Warri Kingdom writing a letter to the court and expecting the court to take action on such a letter. The said letter was not known to the law. Anybody can’t just write a letter to the court, except the complainant(s)”.
Spokesperson of the Ologbotsere Descendants Worldwide, Comrade Alex Eyengho, stated that those who accused Chief Ayirimi Emami, are looking for an opportunity to stop the trial in court by all means possible, using all manner of delay tactics. This is because they know in their hearts that they have no shred of evidence in this case against him. I liken what is happening to the story of a lady in the days of yore who was brutally raped by some unknown monsters and became pregnant as a result. She was too terrified and ashamed to let the world know what happened to her. She decided to hang the unwanted pregnancy on the neck of her innocent fiance who had not known her for some months. When it got to the point of her proving her claim, she was nowhere to be found and when she was eventually brought forward to the centre of confirmation, she resorted to telling different unrelated but fantastic stories to push forward the doomsday.”
Asked if Chief Ayiri Emami was still the Ologbotsere of Warri Kingdom or indeed a Chief of the Kingdom, Comrade Eyengho said, “there are multiple cases about the purported suspension of Chief Ayirimi Emami by a body that has no shred of power to so do. Because this matter and other surrounding issues are currently in various courts of competent jurisdiction, it will be most inappropriate for me to dwell on the details of the matter. However, let me make it abundantly clear here and now that as of today the 20th of April 2022, Chief Ayirimi Emami remains the defacto and dejure Ologbotsere of Warri Kingdom until the highest court of Nigeria, the culture and tradition of the Itsekiri say otherwise. However, most of us in the Ologbotsere Descendants Worldwide know that the law, our ancestors and the Crown shall soon speak for themselves. Make no mistake about this.”
