— By Our Correspondent —
As proceedings resumed on October 4, 2022, in the case of alleged missing crowns of Warri Kingdom between the Delta State Commissioner of Police Vs Chief Ayirimi Emami, the Ologbotsere of Warri Kingdom, the Magistrate Court 1, GRA, Warri, Delta State, presided over by His Worship, Edodja Sokwho (Mrs), dismissed the application of the prosecution (by fiat) that evidence in the matter be given by way of affidavits and statements on oath, paving way for the commencement of the suit filed over one year ago.
It would be recalled that Warri Mirror magazine had reported in the past that this suit with charge No: MW/175/C/2021 was since early 2021 originally before His Worship, Ejiro H. Diejomaoh (Mrs) of Magistrate Court 2, GRA, Warri, Delta State, but had to recuse herself from the case in July 2022, due to lack of confidence in her expressed by the prosecuting (by fiat) team.
His Worship, Sokwho (Mrs) took her seat at exactly 9:00 am and first attended to two other cases before calling the case at hand with the defendant, Chief Emami present. While Jolone Ikomi, Esq., led the prosecution based on the Fiat of the Honourable Attorney General of Delta State, Chief Emmanuel Uti with E.S.O. Ogholaja (Mrs), E.E Otomewo (Miss) appeared for the defendant.
Ikomi, Esq. told the court that the matter was for the plea, even as His Worship reconfirmed that the matter was a transferred case to her court. Thereafter, the defendant who is the sitting Ologbotsere of Warri Kingdom, Chief Ayirimi Emami, took a fresh plea and pleaded not guilty to each of the three-count-charge of alleged conspiracy, burglary and stealing.
At this point, counsel to the Ologbotsere of Warri Kingdom, Chief Uti argued that the running bail of his client should be sustained since he has never abused the bail and the fact that his two sureties were present in court. He, therefore, applied for his client to remain on his previous bail and the application was not opposed by the prosecution counsel. His Worship accordingly granted the application for Chief Ayirimi Emami, the Ologbotsere of Warri Kingdom to remain on his previous bail.
At this point, the prosecuting counsel, Ikomi informed the court that their first witness was in court from Benin in readiness for the commencement of trial but added that his team however has a pending application from the previous court dated March 15, 2022, to have witnesses testify by oath. However, the defence counsel, Chief Uti, was opposed vehemently to it. His Worship then allowed both counsels to argue the merits and demerits of the application from the standpoint of law.
While Ikomi, Esq. argued that the application was in tandem with extant laws he quoted and the fact that it was to save the time of the court and parties involved, even as he added that the defendant did not oppose the application by way of the counter affidavit, ab initio, Chief Uti opposed to it on the grounds of law, pointing out that a counter affidavit need not be filed to oppose such an application.
Said Chief Uti: “We are opposed to this application because, by the provisions of the laws, witnesses in criminal matters of this nature should be done orally in the open court. Also, the practice of doing it by oath is alien to the Magistrate court. Their witness is in court. We are ready to cross-examine him today.” While picking a hole in the application and dealing a heavy blow to it, he further quoted some case laws and established procedures which support the fact that trials of this nature are heard summarily in the court, even as he urged the court to dismiss the application.
Responding, Ikomi, Esq argued that Section 348 of the ACJL that Chief Uti relied on is a general provision while Section 225 the prosecution relied on is specific on how evidence should be taken.
After listening to the arguments of both sides, Her Worship, Sokwho (Mrs) in her ruling agreed with the argument of Chief Uti and dismissed the application.
At this point, the body language of the prosecution suggested that they were not ready to open their case and this made the defence counsel state very strongly that they were ready for the trial. This made the prosecution call into the dock the first witness, ASP Longe from Zone 5 of the Nigerian Police, Benin, Edo State. However, Her Worship ordered that anyone in the court who would later testify in the case as a witness, should go out of the court and stay out of hearing the testimony of ASP Longe. At this point, Chief Gabriel Awala who is the Uwangue of Warri was advised by the prosecution to leave the courtroom and go home, which he promptly complied with.
The prosecution went ahead to examine and lead ASP Longe to tender some exhibits which include the written petition to the AIG Zone 5, Benin sometime in April 2021 by Chief Johnson Atserunleghe and others, the letter from the AIG assigning the investigation to the Anti-Vice Team headed by ASP Longe and the statement made to the police by Chief Ayirimi Emami, all entered as Exhibits A, B and C. According to ASP Longe, statements were also obtained from the side of the petitioners including Chief Johson Atserunleghe, Chief Gabriel Awala, Mr Issac Dorsu, Mr Aginnejuone Oritseweyinmi, Dr Duakpemi Ayu and others.
“I then went to the scene of the crime with the parties at the Palace of the Olu of Warri. I noticed that the first door was broken, the second door was open but may appear to be broken, while the third door was neatly open. I took photographs with my phone and printed them out on the computer. The crowns were missing from the last room of the third door,” ASP Longe stated in his testimony.
Her Worship at a point directed ASP Longe to read out loud the statement of the defendant, Chief Ayirimi Emami, which he complied with. From what he read out, it was revealed that Chief Emami in his statement made it clear that the room where the alleged missing crowns were kept was also where the remains of the 20th Olu of Warri, His Majesty, Ogiame Ikenwoli was kept. Some inside sources who spoke to Warri Mirror magazine on the condition of anonymity, think that by implication, those who whisked away the remains of Ogiame Ikenwoli during the invasion of the Palace by some youths and other elements, know the whereabouts of the crowns and other items allegedly missing. Chief Emami also made it clear in his statement that he was already out of Delta State during the period some youths and others blocked the Palace gate and later invaded it in the night, adding that when it was brought to his notice on the phone, he made the necessary calls to alert the security agencies, including the Police, of the development in the Palace.
At this point, the prosecution as led by Jolone Ikomi, Esq applied for a date for the continuation of Examination-in-Chief and presentation of the photographs and other items as additional Exhibits. However, the defence counsel led by Chief Emmanuel Uti kicked and said it is the normal delay tactics of the prosecution since the matter was instituted in court over a year ago.
Upon the agreement of Counsel on both sides for November 1, 2022 date for the next adjourned date, Her Worship, Sokwho (Mrs) ruled that the matter was adjourned to the 1st and 2nd of November, 2022 for further hearing.
Also in court were Chief Brown Mene and a few others, representing the Palace interest and Pa Odia, Alex Eyengho, Prince David Iwere and others, representing the interest of the Ologbotsere Descendants Worldwide.
Meanwhile, the case of the Ologbotsere of Warri Kingdom, Chief Ayirimi Emami, challenging his purported suspension by the Ginuwa Ruling House, which also came up same day and time at the State High Court, GRA, Warri, was adjourned to sometimes in December 2022. This was at the intervention and request of a group of some Itsekiri noblemen seeking to get the matter settled out of court.
The group was represented in court by Dr Jeffrey Wilkie and Richard Omare, Esq who requested that the Judge should grant a long adjournment to February 2023 to give room for parties to explore the option of out-of-court settlement under the mediation of the group. This intervention was not opposed by the parties in the suit.
However, the Judge declined to give a long adjournment for any day next year 2023 but rather granted their request with a date in December 2022 to receive a report of the out-of-court settlement initiative of the group of Itsekiri noblemen. Warri Mirror magazine can report exclusively that the group have been working behind the scenes for several months now, meeting among themselves and with parties to the suit, with a view to getting the matter resolved out-of-court and in the way and manner the Itsekiri used to resolve their matters internally without furore.
