OGEDEGBE:
POLICE CAUTIONED,ASKED TO PUT ITS CHARGES RIGHT.
A Chief Magistrate Court sitting in Effurun, Uvwie Local
Government
Area of Delta State, Tuesday 11th February,2014 directed the Nigeria Police Force to take
back the charges it preferred against Mr. Omes
Ogedegbe,a Lawyer and 29 others for amendment before bringing back the said
charges before the court and that it must contain the appropriate charges and bring back the
accused persons in a later date.
In his ruling, Magistrate of the Court, Chief Magistrate.O.Aforkeya
said "the court has the powers to look into the police case file
moreso that it is now notorious of the police in incriminating
accused persons".
Chief Magistrate Aforkeya noted that the court has the jurisdiction
to entertain the matter brought before it citing several instances.
Earlier,the Coordinator of the Forum for Justice and Human Rights
Defence, Barr.Oghenejabor Ikimi and team of fifteen other lawyers raised a
preliminary objection on count 6 in the charge sheet brought before the
court to commit the accused to life imprisonment. While describing the
charge in count 6 as "Holden," Barr. Ikimi argued that the charge raised
against the accused is smuggled in to punish the accused submitting
that "Holden" as a charge is an unknown law presently in the Nigerian
system citing several sections of the constitution. Barr.Ikimi
appealed to the court to look into the police case file with a view
to determining if the allegations laid against the accused persons are
correct. He pointed out that the police have no evidence to support
the charge urging the court to strike out count 6 in the charge with
his inherent powers.
Police Prosecutor,ASP. S.B.Irabor, argued that "Holden" is known to law
in Nigeria adding that the court cannot look at one of the charges and
leave the others citing Cap 21,2006 which is also applicable to Delta
State. ASP Irabor further argued that the court cannot try the accused
persons saying the court should remand them in prison custody and
refer the case file to the Department of Public Prosecution,DPP, for
directives. ASP Irabor said the court cannot go into the file and make
any decision citing section 76 of the criminal code laws of Delta
State which according to him is known to law. He alleged that the
accused persons on Monday February 10,2014 assembled at the Ebrumede
police station attempting to raise down the station.
Area of Delta State, Tuesday 11th February,2014 directed the Nigeria Police Force to take
back the charges it preferred against Mr. Omes
Ogedegbe,a Lawyer and 29 others for amendment before bringing back the said
charges before the court and that it must contain the appropriate charges and bring back the
accused persons in a later date.
In his ruling, Magistrate of the Court, Chief Magistrate.O.Aforkeya
said "the court has the powers to look into the police case file
moreso that it is now notorious of the police in incriminating
accused persons".
Chief Magistrate Aforkeya noted that the court has the jurisdiction
to entertain the matter brought before it citing several instances.
Earlier,the Coordinator of the Forum for Justice and Human Rights
Defence, Barr.Oghenejabor Ikimi and team of fifteen other lawyers raised a
preliminary objection on count 6 in the charge sheet brought before the
court to commit the accused to life imprisonment. While describing the
charge in count 6 as "Holden," Barr. Ikimi argued that the charge raised
against the accused is smuggled in to punish the accused submitting
that "Holden" as a charge is an unknown law presently in the Nigerian
system citing several sections of the constitution. Barr.Ikimi
appealed to the court to look into the police case file with a view
to determining if the allegations laid against the accused persons are
correct. He pointed out that the police have no evidence to support
the charge urging the court to strike out count 6 in the charge with
his inherent powers.
Police Prosecutor,ASP. S.B.Irabor, argued that "Holden" is known to law
in Nigeria adding that the court cannot look at one of the charges and
leave the others citing Cap 21,2006 which is also applicable to Delta
State. ASP Irabor further argued that the court cannot try the accused
persons saying the court should remand them in prison custody and
refer the case file to the Department of Public Prosecution,DPP, for
directives. ASP Irabor said the court cannot go into the file and make
any decision citing section 76 of the criminal code laws of Delta
State which according to him is known to law. He alleged that the
accused persons on Monday February 10,2014 assembled at the Ebrumede
police station attempting to raise down the station.
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