Delta Court Adjourns Olu of Warri’s Missing Crown Case to June 1

Sylvester Idowu

The Chief Magistrate Court 2 sitting in Warri, Delta State, has adjourned till June 1, the case instituted against the embattled Ologbotsere of Warri Kingdom, Chief Ayiri Emami, by the state government over the alleged missing crown of Olu of Warri Kingdom.

Chief Magistrate Ejiro Diejomoh (Mrs.) adjourned the case, with suit number: No. MW/175/C/2022 yesterday after listening to arguments from both the prosecuting lawyers led by Prof. Abiodun Amude-Kannike (SAN) and defence lawyers headed by Chief Victor Otomiewo over application for stay of proceedings filed by the prosecuting counsels.

 Prof. Abiodun Amuda-Kannike (SAN) is the lead prosecutor’s counsel having been granted fiat by the Delta State Attorney-General and Commissioner for Justice, Isaiah Bozimo, to prosecute the matter on behalf of the state with Chief Robinson Ariyo, Jolone Ikomi and F.J Atie, as co-applicant counsels.

While Chief Victor Otomiewo, a former Delta State Attorney General and Commissioner of Justice, is the lead defence counsel with Chief Emmanuel Uti, Warri NBA Chairman; Presley Okojie, E. F, Akporuvweku, O. Edowe, E. S. O. Ogholaja and M. K. Ighomrore appearing as the co-defence counsels.

At the resumed hearing, the lead counsel to the prosecutor, Amuda-Kannike, cited Section 304 of the Administration of Criminal Justice Act, (ACJA) 2017 while praying for stay-of-proceedings of the matter by the court, a motion, which was vehemently opposed by the lead counsel to Chief Emami, Chief Otomiewo, quoting Section 36 of the 1999 Constitution.

Chief Otomiewo described the Interlocutory application brought by the prosecutor as “incompetent”, saying there’s no provision for interlocutory appeal.

The prosecutor’s counsel had filed the interlocutory application for stay of proceedings after the court ruled against a motion for the court to recuse herself from the case based on a letter written by Warri Council of Chiefs over allegation that the magistrate was biased.

The lead defence counsel cited Section 477 which forbids interlocutory application adding that the law has taken care of the motion already brought before the court and noted that the response by Amuda-Kannike wasn’t same with the prayers filed in his motion.

Otomiewo further argued that “There’s nothing like Ayirimi as he then was” maintaining that when an Appeal has been entered, no lower court can make further order. He therefore urged the court to dismiss the stay-of-proceedings as sought by the applicant.

His Lorship, Ejiro H. Diejomoh (Mrs.) after listening to arguments from the defendant and prosecutor, adjourned the case to June 1, 2022 for ruling on the application for stay-of-proceedings.