An Owerri based Chief Magistrate Court has differed till 13th of April 2011 ruling in a 5-count charge preferred against the All Progressive Grand Alliance(APGA) 2011 guber candidate in Imo, Owelle Rochas Okorocha’s Chief of Staff, Prince Eze Madumere and 18 others whether the Court has jurisdiction to hear their case or not.
When the case on charge no OW/129c/2011 came up, the presiding Chief Margistrate V.C Isinguzo said the Court does not have jurisdiction to hear the case due to the gravity of the 2nd charge which bordered on attempt to kill which is punishable under section 320(1) of the criminal code, cap C38 laws of the Federation.
Counsel to the accused persons argued that the issue of bail is at the discretion of the Court. They argued that all the charges are bailable and even the one that looks very grievous, that section 118(2) of the criminal code allows the Magistrate Court even if it does not have jurisdiction to hear it, but it can grant bail to the accused persons who have been in detention since Thursday last week.
They argued that since the complainant is Governor Ohakim and he is not in Court that the Court better grant the accused persons bail while the case can still go on or on the other hand, strike it out. More so, with the involvement of a 13yrs old boy, who is a minor which the law does not allow to be exposed to the experiences in the cell, and later urged the Court to grant the accused persons bail.
In his own reply, the prosecuting police officer C.L Iheukwumere opposed the bail application on the grounds of gravity of the charges leveled against them and to avoid a situation where the accused persons will be involved in another crime while on bail.
On the absence of the complaint, the prosecutor said that the complainant in the case is the Commissioner of Police who is ably represented in the Court by himself, the prosecutor.
He said there are some factors to be considered before bail could be granted in such cases like the nature and gravity of the offences allegedly committed, and that count II of the charges is a very serious offence with a severe punishment attached to it.
When it became feasible that the presiding Magistrate wanted to adjourn the ruling to another day, the defense counsel pleaded with the Court to give her ruling so that they know what next to do.
In her ruling, the Magistrate said she does not have jurisdiction to hear the case and adjourned the ruling on bail application to 13th of April 2011 and directed that the case file be sent to the Director of Public Prosecutions(DPP) to file his report while the accused persons be reminded in prison custody.
While speaking to the press after the Court Session, Barr. LUN Nwakaeti and GON okemiri sounded alike. They said they have taken the ruling as pronounced, but likely to seek the bail of their clients through the High Court.
They raised the issue of minor, a 13yr old boy who is still in detention against the laws of the land.

Ohakim is wasting his time.He is on his way out,i can't wait to see the back of that criminal

Am tired of asking you to post a link to your source. Secondly why is it only the Horn that publishes all these stories?

This OP needs to be banned for spreading lies.

Am tired of asking you to post a link to your source. Secondly why is it only the Horn that publishes all these stories?

Am not a fool and i dont say things if i don't have concrete evidence. this is the link http://www.announcerexpressonline.com/?p=1792

Tochukwu C:

Am not a fool and i dont say things if i don't have concrete evidence. this is the link http://www.announcerexpressonline.com/?p=1792

If you are not a foll as you claim post sources together with the stories dont wait to be asked