The Magistrate Court 2, sitting in Warri, Delta State, on Wednesday April 20, fixed Wednesday June 1, 2022, to deliver ruling on the prosecutor's plea for stay-of-proceedings, in the case instituted by the Delta State Commissioner of Police against Chief Ayirimi Emami, over the alleged missing crown of the Olu of Warri.
Fresh Angle International, can authoritatively report that the case with suit number: No. MW/175/C/2021, between the Commissioner of Police in Delta State Vs. Chief Ayirimi Emami, the Ologbotsere of Warri, was instituted sometime in the year 2021.
Our Senior Correspondent, reports that hearing resumed Wednesday April 20, with the lead counsel of Chief Ayirimi Emami, Chief Victor Otomiewo, appearing with lawyers such as Chief Emmanuel Uti, NBA Chairman, Warri, Presley Okojie, E. F, Akporuvweku, O. Edowe, E. S. O. Ogholaja and M. K. Ighomrore.
While lead counsel to the prosecutor, Prof. Abiodun Amuda-Kannike, SAN, came with Chief Robinson Ariyo, Jolone Ikomi and F.J Atie, as co-applicant counsels.
Prof. Abiodun Amuda-Kannike, cited section 304 of the Administration of Criminal Justice Act, ACJA, 2017, asking for stay-of-proceedings by the court, a motion, which was opposed by the lead counsel to Chief Ayirimi Emami, Chief Victor Otomiewo, quoting section 36 of the 1999 constitution, to counter Prof. Abiodun Amuda-Kannike.
Chief Otomiewo, described the Interlocutory application by the prosecutor as incompetent, saying there's no provision for interlocutory appeal.
Chief Victor Otomiewo, briefing newsmen after the hearing
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 Prof. Abiodun 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”.
Chief Emmanuel Uti
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)”.
Comrade Alex Eyengho, addressing the press
Spokesperson to the Ologbotsere Descendants worldwide, Comrade Alex Eyengho, stated that those who accused Chief Ayirimi Emami, “are looking for opportunity to stop the trial of the case”, explaining that there are multiple cases about the purported suspension of Chief Ayirimi Emami as the Ologbotsere and insisted that Chief Emami remains the Ologbotsere of Warri, until the court says otherwise.
Copyright: Fresh Angle International (www.freshangleng.com)
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Celestine Chijoke Ukah
Principal Correspondent of Fresh Angle International. He has a Post Graduate Diploma in Journalism and have undertaken a training in Advance Writing and Reportorial Skills.
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