By Chuks Eke
An Onitsha High Court No. 1 in Anambra state presided over by Justice J. I. Nweze has adjourned further hearing till July 23 and September 20, this year in the criminal charge preferred against four accused persons.
The four accused persons, Onyebuchi Ibenegbu, Chinedu Collins Nwonawi, Okwudili Ohana and Emeka Udom are standing trial for allegedly abducting and murdering the traditional ruler of Ogwuaniocha community in Ogbaru Local Government Area of the state, Igwe Oliver Nnaji, as well as burning down his palace on the fateful day, November 15, 2021.
Ab-initio, seven persons, including Onyebuchi Ibenegbu, Chinedu Collins Nwonawi, Okwudili Ogana, Emeka Udom,
Nduba Chibuzor, Ifi Silas Nwabuwa and Osadebe Sunday
had been arrested and charged to the court for the arson, abduction and murder but along the line, the court discharged three of the defendants, Nduba Chibuzor, Ifi Silas Nwabuwa and Osadebe Sunday, based on a strong defence put up by counsel to the defendants, Oseloka Osuigwe SAN.
Justice Nweze who adjourned the matter shortly after the prosecution counsel, Chief Ikenna Egbuna SAN, concluded his cross-examination on the 4th defendant, Emeka Udom, explained that the July 23 date is for the prosecution counsel to argue on a motion for amendment of the actual date the defendants allegedly committed the crime.
Justice Nweze noted that on September 20, both parties would adopt their final addresses in anticipation for judgement on a day to be fixed.
Justice Nweze had while discharging the trio, noted that there was no substantial evidence to prove that they were among those who conspired to abduct Igwe Nnaji and as such continue to try them would amount to breach of their fundamental human rights.
In the charge No. 0/32C/2022, state versus the accused persons, according to C.C. Madukife, an Assistant Director in Anambra state Ministry of Justice,, the accused persons had on November 15, 2021, at Ogwuaniocha in Onitsha Judicial Division, conspired among themselves to commit felony to wit: Arson, kidnap and murder.
The prosecution further alleged that the accused persons had on the same date and venue while armed with guns, machetes and other offensive weapons, unlawfully set ablaze the royal palace, other buildings and four cars belonging to Igwe Oliver Nnaji before abducting him.
The offences, according to the prosecution, were contrary to Sections 495 (a), 315 (1) (a), 474, 274 (1) and 416 of the Criminal Code, Cap 36, Volume II, Revised Laws of Anambra state of Nigeria, 1991.
However, the complainants, through their legal counsel, Chief Ikenna Egbuna SAN have headed to the Court of Appeal sitting in Awka with a notice of appeal challenging the discharge of the three defendants/respondents.
In the appeal, the appellants argued that the lower court misdirected itself in law when it upheld the submission of no-caee-to-answer made on behalf of the defendants/respondents, by their legal counsel, Oseloka Osuigwe SAN.
The appellants mentioned the particulars of the misdirection with reference to the evidence of the first Prosection Witness, PW1, Mrs. Ngozi Freda Nnaji who was cross-examined by the defence counsel, Osuigwe SAN during which she stated that the accused persons were actually among those that invaded Igwe Nnaji palace, set it ablaze and abducted the monarch.
According to the notice of appeal, a look at exhibit P1 showed that the PW1, Ngozi Freda Nnaji had listed the defendants so discharged by the court on a submission of no case to answer as some of the people she saw on the day of the incident of November 15, 2021 who invaded the royal family house, set it ablaze and also abducted her husband.
According to the notice of appeal , “on June 20, 2023 the Investigating Police Officer, IPO who gave evidence as PW4 tendered without objection the statements of the respondents who were the 4th, 6th and 7th defendants at the trial as exhibits 8 (a) and (b). The police investigations report was also admitted as exhibit P10”.
“The police investigations report also showed that dane guns, swords and charms were recovered from the defendants as exhibits P12 to 15. A look at exhibit 8, the statement of Nduba Chibuzor which he volunteered to the police on March 22, 2022. Exhibit 8 (a) the statement of Ifi Silas Nwabuwa made to the police on April 9, 2022 in which he admitted that charms and daggers were recovered from him and exhibit 8 (b) the statement of Osadebe Kenneth. Sunday made to the police on the same date showed that the respondents admitted that they are members of the Lion Squad who committed the crime”.
“The defendants are standing trial for playing various roles before and after the commission of the offense and the police investigations report exhibit P10 also showed that the respondents were involved in the commission of the crime”.
