A Port Harcourt Chief Magistrate Court in Rivers State, presided over by Israel Agbesor (Esq) has remanded the former Chairman of Asari-Toru Local Government Area the State, Mr. Ojukaye Flag-Amachree in prison custody for two weeks for alleged murder.
The court also ordered the Chief Registrar of the court to hand over the original case file to the Chief Judge of the State for onward transmission to the State Attorney general and Commissioner for Justice for legal advise on the matter.
The Presiding Chief Magistrate, Israel O. Agbesor, made the order, yesterday while ruling on an oral application bordering on the jurisdiction of the court to entertain and make orders on the matter brought before it by the defense counsel, Ken Atsuete.
The Chief magistrate ruled that Section 4 of the Rivers State Criminal Procedure Law empowers the Magistrate Courts to make orders in criminal cases that attract capital punishment  as well as gives them power to remand accused persons with such criminal charges.
Agbesor, therefore, dismissed the oral application of the defense counsel, adding that the application lacks merit and runs contrary to the application of criminal procedures in the state.
The presiding chief magistrate, while adjourning the matter to the 4th of May, 2016, stated that the accused has the right to seek his bail at the High Court.
The defense counsel, Ken Atsuete had, through an oral application on Wednesday when the case was first mentioned, asked the court to hands off  the matter, adding that the court lacks jurisdiction to entertain and make orders in its accordance with Sections 516(a) and 319 (1) of the Criminal Code, Cap 37, Vol. 11, laws of Rivers State of Nigeria 1999, for which the accused person was charged.
He further urged the court to allow the Police to take custody of the accused person pending when the Police will arraign him properly in a High Court instead.
However, the Police prosecutor, Insp. Tom Ledormum opposed the oral application of the defense counsel, adding that the court has the powers to make orders in criminal matters.
He urged the court to remand the accused in prison custody pending the ruling of the court, an arugment which the court sustained, and remanded the accused in prison custody.
The accused person, Ojukaye Flag-Amachree was arraigned on two-count charge of murder and killing.
The Police had alleged that the accused person and others now at large, on the 11th day of April, 2016, at Buguma, in the Port Harcourt Magisterial District, shot and kill one Smart Soberekon, which according to Police, was punishable under Sections 319 (1) and 516 (a) of the criminal Code cap 37, Vol. 11, laws of Rivers State of Nigeria 1999.
Later in an interview with journalists after the court ruling, Counsel to the accused person ken Atsuete, said he will challenge the ruling of the court at the High Court.
Also speaking, Counsel to the petitioner, Barr. Tamuno Dick, lauded the ruling of the court, adding that justice has taken its course in the administration of justice in the state.