From Tony John, Port Harcourt
The office of the Attorney-General, Rivers State has taken over the prosecution of alleged N800 million oil drilling equipment theft, involving an Anambra former governorship aspirant, Walter Ubaka Okeke, residing in Port Harcourt.
The case, which was before Chief Magistrate A.O. Amadi Nna, was moved to Justice Chinwendu Nwogu of High Court 24, after the office had initiated ‘discontinue proceedings.’ Also, the Attorney-General has secured a bench warrant to arrest the former governorship aspirant in Anambra State, Okeke.
The Magistrate’s Court, where the case was first filed in 2022, had issued the first bench warrant against him. The warrant then was executed and Okeke was arrested and detained at the Port Harcourt Correctional Centre, for weeks. He later secured N100 million bail. However, the state prosecutor had, last Monday, told the chief magistrate that the state Attorney-General had taken over the case.
A prosecutor in the Department of Public Prosecution (DPP), Attorney-General’s Office, Ministry of Justice, Rivers State, Mr. C.B. Eke, is the one handling the matter. Eke announced to the Chief Magistrate that the Attorney-General has taken over the case at the instance of the victim.
He also told the chief magistrate that he had tried in vain to serve Okeke the order from the High Court, but that the accused refused to sign. The chief magistrate, however, ordered Okeke to sign and he did.
Last Friday, Eke, backed by two state counsels, O.K Esiere and O. Tachia, narrated what happened at the chief magistrate’s court the previous day, where the case was called up for striking out. In his ruling, Justice Nwogu said the defendants were served, and that their objection was filed the previous day (May 11, 2023) against mention on May 12. He stated that it was confirmed that the defendant refused to come to court last Friday, adding that the court was yet to receive the notice of objection to the case the defendant said he filed. The judge said the court must be vigilant, and must hear every objection before it.
He said the court was aware of the Rivers State court processes law, which says all objections will come on the address stage. He maintained that the interest of justice cannot be used to please a party in court. He continued that it is mandatory that the objection would be taken at the address stage and he cannot fix hearing on the objection.
“That rule is binding on me. Again, this case is not charged under federal law, but under Rivers State law. Objection is, thus, in error.”
Justice Nwogu declared that the defendant refused to appear in court and it was disrespectful.
“He has refused to appear. I, therefore, make the following orders: Order of Bench Warrant; Order to arrest him, detain him in the Port Harcourt Correctional Centre; Order to empower the police to execute this order and bring him to court on the next adjourned day.”
He adjourned the case till May 26, 2023, for plea taking.