- Judge refuses application to transfer case to Sapele
Omon-Julius Onabu in Asaba
A High Court sitting in Asaba has fixed April 30 and May 15 for hearing in the case involving four persons arrested over the murder of Miss Elozino Ogege, a 300 Level Mass Communication student of the Delta State University Abraka, in November 2018.
The defendants, Macaulay Desmond Oghenemaro, Ojokojo Robinson Obajero, Nwosisi Benedict Uche and Enaike Onoriode, pleaded “not guilty” when they were arraigned and the eight-count charge was read to them in court on Thursday.
The statement of offence in charge No A/2c/2019, count IV of the charge reads: “That you , Macaulay Desmond Oghenemaro (m), Ojokojo Robinson Obajero (m), Nwosisi Benedict Uche (m) Enaike Onoriode (m) and one Emese Emudiaga Kelvin now deceased, on or about the 15th day of November, 2018 at Abraka, within the Sapele Criminal Division murdered one Elozino Joshualia Ogege, punishable under section 319 (1) of the Criminal Code Law Cap C21, Volume 1, Laws of Delta State 2006.”
The defendants were further charged with “conspiracy to commit a felony, kidnapping, conspiracy to commit armed robbery and the substantial offence of armed robbery.
The accused allegedly robbed Ogege of her Tecno K7 Mobile phone while armed with a knife and other weapons.
However, S.C. Okehielem Esq., who announced appearance for the 1st and 2nd Defendants, made an oral application for the transfer of the case to Sapele Judicial Division on the ground that the alleged offence was committed at Abraka which falls within the Sapele Judicial division and cited Ibori Vs FRN, Nigeria Weekly Law Report, 2009.
Opposing the application, Director of Legal Drafting, Omamuzo Erebe Esq., who led other lawyers from the Ministry of Justice including the Director of Sexual Offences and Domestic Violence, Uche Akamagwuna Esq, urged the Court to dismiss the application as it was frivolous and inapplicable to the case.
Ruling on the application for transfer of the case to Sapele Judicial Division, the trial Judge, Justice Flora Ngozi Azinge (Mrs.), dismissed the application for lack of merit.
She further ruled that the High Court of Delta State is one and that the Administration of the Criminal Justice Law which governs criminal matters in the state empowers the Chief Judge to transfer any case from one criminal division to other, stating that the matter was adjourned to 30th April and 15th May, 2019 for hearing.