Law/Judiciary
Court Issues Bench Warrant Against Two Fleeing Convicts
A Port Harcourt High Court presided over by Justice Chiwendu Nwogu has issued a bench warrant directing the Nigerian police to arrest two fleeing convicts, Hon. Idionibin Obaghama and Chief Dighobo Obaghama and take them to Port Harcourt Prisons where they had been sentenced to three (3) years imprisonment each.
The court documents which were made available to The Tide in Port Harcourt at the weekend stated that Hon. Idionibin E. Obaghama and his younger sibling, Chief Dighobo Obaghama were convicted on a four (4) court charge of conspiracy and forgery contrary to section 516a (1) and 467 of the Criminal Code Law of Rivers State
The Obaghama brothers, who hail from Emilaghan, Abua, in Abua/Odual Local Government Area of Rivers State were convicted of forging signatures of late Mayor Agbara and Mr. Joseph Mophor on a land agreement with reference No; EMIIPLIR1.42/76.5/85 dated 26/5/85 and sentenced to three (3) years imprisonment.
The convicts who were not in court on the day they were convicted and sentenced to three (3)years’ imprisonment, went into hiding as soon as they got a wind of it and have remained at large till date.
The conviction followed an appeal filed by prosecution at the High Court after the Obaghama brothers were discharged and acquitted of all the four count charge at Port Harcourt Chief Magistrate Court presided over by E.C. Woke.
Justice Nwogu, who set aside the trial court judgement stated thus in his judgement order; “that the judgement of the trial court discharging and acquitting the 1st and 2nd accused persons on each of all the four counts was made in error and it is hereby set aside.”
“That this appeal is allowed and the two (2) accused persons are each hereby convicted as charged on each of the four count charge.”
The judgement order also noted, “That the two (2) accused persons are each hereby sentenced to three (3) years imprisonment at the Port Harcourt Prisons.”
It further stated “that the I” accused person is also sentenced to three (3) years imprisonment at the Port Harcourt Prisons on court IV.”
An eyewitness, Mr. Welcome Umah, who was at the court, when the Obaghama brothers were convicted explained that the convicts were not in court that day.
Mr. Umah, who the 1st accused person, Hon. Idionibin Obaghama sued for trespass, the basis for which the charge was registered, remarked that the convicts were not in court on the day of their conviction and sentencing following an application made earlier in the course of the appeal, that they be exempted from regular attendance at the court since they had been discharged and acquitted at the trial court, especially as they had nothing to do in the court.
Mr. Umah, who spoke with The Tide at Emilaghan, Abua, at the weekend described the convicts as unrepentant criminals, who by their action of running away confirmed their type of persons.
According to him “one of the convicts, Hon. Idionibin Obaghama fled the state secretariat, Port Harcourt, when he sighted me coming.”
He expressed regret that Hon. Idionibin Obaghama who was supposed to be in prison had been wreaking havoc, in the community. He accused him of causing a division in Emilaghan stool by raising a usurper. .
Speaking earlier with The Tide in Port Harcourt on Thursday, the prosecution counsel, Mr. E. J. Amieofori described the Judgment as a perfect one.
He pointed out that all the ingredients of the offence had been proven and remarked that the evidence of prosecution weighed heavily against the convicts.
Amiefori Esq. noted that the attitude of running away by the convicts had put a big question mark on their integrity.
“He said the. two convicts had committed another crime by so doing and added that they could not run away forever.
The prosecution counsel said the convicts and their, defense counsel opted for judgement instead of peace.
“They have nobody to blame, judgement has come and mercy has gone,” he stated.
Amiefori, however, advised the convicts and their defense counsel to explore an avenue of peace.
Also, speaking, the 15t prosecution witness, Mr. Eze Agbara in the matter, whose father’s signature was forged, said the he had made complaint against the accused persons over forgery of the father’s signature for which the matter originated.
He said his father had, maintained a regular signature while alive which never differed even while he was on a sick bed.
“They should accept they forged my father’s signature and apologize. 1 am not even interested in the land in dispute,” Agbara stated: .
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He noted that Joseph Mophor was alive when the matter began at the trial court -and .had testified that he never thumb-printed on any document but signed his signature contrary to the forged document which showed a thumb print efforts to reach Obaghama family chief, Chief Mensah Ikula, proved abortive scanned.
By: Chidie Nyie