A Benin High Court, presided over by Hon. Justice Efe Ikponmwoba, has granted bail to Chief Johnson Atserunleghe, the lyatsere of Warri, with an order to enter into an undertaking of good behaviour in Ologbo Dukedom in Ikpoba Okha local government area of Edo State.
The development was sequel to earlier submissions of Edo State Attorney-General, Oluwole Iyamu, SAN, who urged the Court to make Johnson Atserunleghe enter into a formal written undertaking and file same before the Court.
Oluwole Iyamu, SAN, also urged the Court to prevail on Atserunleghe to keep the peace and stop harassing or threatening witnesses in the matter, particularly in Ologbo Dukedom, before the Prosecution will withdraw the Counter Affidavit against his bail.
On his part, Atserunleghe’s Counsel, Ighodalo Imadegbelo SAN, submitted that the Defendant has agreed to enter into an undertaking made on Oath in view of Section 162 of the Administration of Criminal Justice Law.
In view of the concession of the Prosecution, Hon. Justice Efe Ikponmwoba, consequently granted bail to Chief Johnson Atserunleghe who is the Iyatsere of Warri Kingdom in the sum of one million Naira and a surety who must be resident within the jurisdiction of the Court.
The Court also ordered Johnson Johnson Atseruleghe to stay away from the complainant.
Hon. Justice Ikponmwoba then transferred the matter to Criminal Court 3 for the continuation of trial.
The lyatsere of Warri, Chief Johnson Atserunleghe and others still at large are currently being arraigned for alleged conspiracy, unlawful damage of properties and warlike undertaking against the Enogie and people of Ologbo Dukedom as well as malicious damage of Edo State Tax Collectors properties.
The Defendant, Chief Atserunleghe and others at large are being tried on a seven count charge of assault and malicious damage of Edo State properties with Charge No: B/Co.126/22.
… Seeks 10 Billion Naira Damages
Meanwhile, Chief Johnson Amatserunleghe, has approached the Federal High Court in Benin for redress over what he described as the reckless administrative conduct of the CP ABUTU YARO, the Commissioner of Police, Edo State police command.
Said Chief Amatserunleghe who is a native of Ologbo in Ikpoba Okha Local Government Area of Edo State of Nigeria: “My case is that sometime about 13:15hours on the 31st day of December, 2021 Ologbo community came under attack when persons identified to be thugs and illegal guards of Jackson Owenvbiugie Akenzua, the leader of the Benin community in Ologbo, and acting on his instructions, launched an unprecedented attack of ferocious intensity on the aboriginal natives of the town; which attack was targeted on the Ologbo waterside predominately populated by persons of Itsekiri ethic extraction.
Upon becoming aware of the atrocities caused by Jackson Owenvbiugie Akenzua and his thugs, I advised and encouraged the victims not to take the laws into their hands but to lodge the complaint with the Nigeria Police Force; this piece of advice, the people heeded, giving rise to the petition dated the 3rd day of January, 2022 and same was served on the office of the Commissioner of Police on the 4th day of January, 2022. An acknowledged copy of the said petition is with my Counsel, Chief Robinson Ariyo.”
Chief Amatserunleghe also claimed that the said attack which was initiated at about 13:15hours on the 31st day of December, 2021 progressed from the Ologbo waterside predominantly populated by persons of Itsekiri ethnic nationality whose properties and persons were apparently the object of the ferocious visitation which lasted for several hours.
He said further: “The day in issue had begun as a peaceful and joyous end of year preparation with the construction and mounting of a new billboard to replace the former one which had been at the entrance of the community for several years; the weather having taken its toll on its looks, the said facelift was part of the beautification and clean up designed towards the annual cultural festival of the people; which festival constitutes an integral component of their historical and cultural heritage. Unfortunately, to the uttermost dismay and chagrin of the teeming members of the community, Jackson Owenvbiugie Akenzua’s crew of assailants stormed the community fully armed with guns, cutlasses and axes shooting indiscriminatingly and chanting war songs initially with a view apparently to scaring the people but eventually escalating to destruction in their wake, of several valuables amongst which are vehicles (including one belonging to the Ologbo Divisional Police Officer of the Nigeria Police Force who was on routine patrol with his men at the material time), the welding machine and accessories used for the construction and mounting of the billboard just to mention but a few”.
He argued: “The Commissioner of Police was duty bound to act but failed to do so notwithstanding the enormity and criminal implication of the above development, resulting in the indiscriminate assault of harmless persons as well as some officers and men of the Nigeria Police Force as aforesaid, the said assailants issued unequivocal threats that they would revisit the community in an escalated fashion, should the plan to celebrate the end of year festivities by the people of the community continue; even as one of the victims of the said attack was hospitalised for weeks. Eventually, one of the victims died and same fact was reported to the office of the Commissioner of Police.”
According to him, the said boasts of the assailants were; “not unconnected with the belief and demonstration that Jackson Owenvbiugie Akenzua is well connected and influential within the ranks of the Nigerian Military and top echelon of the Nigeria Police Force and as such can wreck this much havoc and even more without any consequences. The said assailants again wreaked havoc in the early hours of the 1st day of January, 2022; as the community woke up to very heavy gunfire and loud violent sounds causing them to run for cover for several hours to observe the reign of terror on the community; as true to the boast of the first set of assailants who had on this occasion increased in number and intensity of attacks; at the end of which several properties were destroyed and the buildings of some of the community leaders who were apparent prime targets of the assailants were raised down. The community discovered that as a concomitant of the said attacks several members of the community were hit; resulting in grievous injuries for which some of them now have their lives hanging in the balance. In the midst of this, the assailants continued to reiterate their boasts of their vast connections as a result of which nothing can be done to them despite the said violation of the law; as they have issued further threats that they would make the lives of the community members unbearable; as a matter of fact, on the 12th day of February, 2022, the said assailants again attacked the community; this time around critically injured one Julius Enaife Urenyi by opening fire on him and his life now hangs in the balance without any assurance of his surviving. The said attack was launched by the assailants who at the time were fully armed with sophisticated weapons and stormed the community at about 01: 00 am on the fateful day.”
Chief Amatserunleghe also said that the community has been living in fear and members are unable to go about their normal businesses in apprehension of further attacks from the said persons who have demonstrated the capacity and preparedness to wreak havoc at the shortest possible time.
He said that it was when the influence of the JACKSON OWENVBIUGIE AKENZUA on the Commissioner of Police was becoming unbearable, that a formal complaint that the matter be taken over by the office of the Inspector General of Police, Force Headquarters, Abuja was caused to be made by him and so, the said office took over the investigation of the case together with other related petitions including the one later written by Jackson Owenvbiugie Akenzua to the Commissioner of Police on the 3rd day of February, 2022 one month after that of Chief Johnson.
According to Chief him, “The Inspector General of Police then took over the investigation of both petitions and invited the parties for interview scheduled for 23rd, June, 2022 in Abuja; having knowledge of this invitation, and with a view to scuttling my case, the Commissioner of police schemed with the Jackson Owenvbiugie Akenzua to invite me to his office vide putting a phone call across to me to inform me that the permit for my police escort had expired and I needed to come to his office to renew the expired papers. I took his words for it, he, being a senior Police officer, I voluntarily went to the office but upon arrival, he told me that I was under arrest for the petition written against me by Jackson Owenvbiugie Akenzua. I then asked the Commissioner of Police if he was acting on a later petition in time and that he was also aware that both petitions had been taken over by the Inspector General of Police and I and Jackson Owenvbiugie Akenzua were scheduled to be in Abuja with regards to the matter on the 23rd day of June, 2022. In reply, he said that some influential personalities were interested in the case and it was beyond his control; to my uttermost dismay and chagrin, he immediately ordered that I be handcuffed and taken into custody. In the boisterous execution of the said order, a Police officer, SP Rex Abiodun Akanju cracked his gun, pointing it straight at my head, then used his right leg to push me to the floor and when I made attempt to recover my steps, the officer again pushed me in a repeated fashion; which development caused the bruises on my wrist and ankle and later caused me excruciating body pains and feverishness for which I had to be hospitalised. I was remanded for about a week at the detention facilities of the Police Command Headquarters in Benin and denied the warmth, care and affection of my family while the Commissioner of Police elected not to treat my Petition even up till date; despite the fact that it contains more serious offences against Jackson Owenvbiugie Akenzua and was first in time.”
Chief Johnson is seeking the following reliefs in the suit:
- A DECLARATION that the Commissioner of Police violated his the rights of the Applicant as guaranteed by Sections 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended), Sections 5 (1) & 96 (2) of the Police Act, 2020 and Sections 5 & 8 (1) of the Administration of Criminal Justice Act, 2015 by neglecting and/refusing and or omitting to perform their statutory duties legally, lawfully or properly and in an unbiased manner, particularly with regards to the inhumane handling meted to him and the discriminatory treatment of his petition.
- A DECLARATION that the Commissioner of Police and men under his control and directives; all of whom acted at the instance of Jackson Owenvbiugie Akenzua, did so illegally, unlawfully or improperly and therefore, acted in breach of their duties under Sections 5 (1) & 96 (2) of the Police Act, 2020 and Sections 5 & 8 (1) of the Administration of Criminal Justice Act, 2015, thereby violating his fundamental rights.
iii. A DECLARATION that the Commissioner of Police lacked the jurisdiction to cause Chief Johnson to be arraigned in Charge No: B/CO/126C/2022: Commissioner of Police Vs Johnson Amaterunleghe, wherein Jackson Owenvbiugie Akenzua is the Nominal Complainant, when the office of the Inspector General of Police was still investigating the matter to make proper findings, recommendation and take decisions accordingly afterwards.
- A DECLARATION that the assault of Chief Johnson by SP Rex Abiodun Akanju with the acquiescence of the Commissioner of Police is illegal, unlawful or improper and therefore, in breach of the officers duties under the Police Act, 2020 and the Administration of Criminal Justice Act, 2015, thereby violating the fundamental rights of Chief Johnson.
- DAMAGES against the Commissioner of Police to the tune of N5, 000,000,000.00 (Five Billion Naira) and an order for directing the Commissioner of Police to make full page apologies to Chief Johnson, under the hand and seal of the Commissioner of Police in no fewer than 3 (Three) Daily Newspapers of national coverage.
- DAMAGES against SP Rex Abiodun Akanju to the tune of N3, 000,000,000.00 (Three Billion Naira) and an order for him to make full page apologies to Chief Johnson, under the hand and seal of SP Rex Abiodun Akanju in no fewer than 3 (Three) Daily Newspapers of national coverage.
vii. DAMAGES against Jackson Owenvbiugie Akenzua to the tune of N2, 000,000,000.00 (Two Billion Naira) and an order for him to make full page apologies to Chief Johnson, under the hand and seal of Jackson Owenvbiugie Akenzua in no fewer than 3 (Three) Daily Newspapers of national coverage.
