Court Rejects IGP Prayer

Rivers State Commissioner for Agriculture, Barrister Onimim Jack (left) chatting with her Youth Development counterpart, Hon Princewill Ogbobula, during the inauguration of Youth Employment in Agriculture and Steering Committee in Port Harcourt on Wednesday.

A Port Harcourt Chief Magistrate Court in Rivers State, presided over by Isreal Agbesor has struck out an application brought by the Inspector-General of Police, Solomon Arase, seeking the leave of the Court to withdraw the murder charges brought against the former Chairman of Asari-Trou Local Government Area, Mr. Ojukaye Flag-Amachree.
The embattled former LG Chairman was charged on two-count charge of murder and conspiracy by the Police in April, and was remanded in prison by I.O. Agbesor for two weeks for lack of jurisdiction.
However, on the resumption of the matter, Wednesday, the court was greeted with an application from the Police seeking to withdraw the charges on the ground that the accused was charged to court without a comprehensive investigation conducted on the matter.
The Police argued that withdrawing the matter would enable them conduct a proper investigation on the matter before re-arraigning the accused in court.
The prosecution and defense counsel did not opposed the application brought by the Police seeking for the withdrawal.
However, ruling on the matter, the presiding Chief Magistrate, Israel O. Agbesor, struck out the application on the ground that the court cannot make further Order on the matter, adding that the Director of Public Prosecution (DPP) had, in his advice, established that the accused has a criminal case to answer.
According to him, it would be wrong for the court to make an order when the DPP had filed information before the High Court to begin criminal charges against the accused.
Agbesor, therefore, urged the parties to shift the legal battle to the High Court, and seek for the bail application of the accused.
Speaking to journalists after the Court had ruled, the defense counsel, Barr. Henry Odili, said the court has spoken but that it was wrong for the court not to make a pronouncement after accepting that the application brought before him was not wrong.
Also speaking, the Petitioner’s counsel, Barr. Tubotamuno Dick, said they came to court as observers, adding that the accused person would face trial at the High Court.