W/5C/99: The State .. .. Complt.

Vs.

Sandys Uvwoh & 31 Ors. .. Accds.

W/5C/00: All the accused persons are present.

T.O. Uloho (Mrs.) for the State.

K.O.Louge with C.O. Omasone for the 1st, 2nd, 3rd, 5th, 7th, 21st, 28th, 29th & 30th accused.

V.O. Grant for the 4th, 6th & 16th accused.

V.E. Akpoguma for the 10th, 13th, 20th, 22nd, 24th & 26th accused.

S.O. Lori for the 11th accused, and Chief Odebala’s brief for the 31st & 27th accused.

A.O. Enemigin for the 25th & 27th accused; and holds A.B. Nana’s (Mrs.) for the 12th, 13th, 14th, 17th & 23rd accused.

P.W.2’s Evidence continues: Cross-Examine. By Longe.

I told the court that I knew the 1st, 4th & 13th accused person before the date of the incident. I knew these 3 persons as tenants in our compound. Ogborode Community Trust was the tenant the 3 mentioned accused persons where acting on behalf of the Trust and that is why I said they were tenants.

Cross-Exam. By Grant - Nil.

Cross-Exam. By V.E. Akpoguma - Nil.

Cross-Exam. By S.O. Lori - Nil.

Cross-Exam. By Enemigin - Nil.

Cross-Exam. By Omasore - Nil.

Re - Exam. By State . Nil.

P.W.3. Sworn on the Holy Bible and states in English language. My name is Martin Egbe I live at No.6 MacDemont Road, Warri. I a storekeeper with MacDemont (Nig.) Limited, Warri.

I know the accused and the 9th accused who they say is now late. I don’t know one Samuel Metseagharun.

On the 23rd of September I was coming from Okere towards Oki junction in Warri when close to Oki junction I saw a crowd of people. Suddenly I saw a man being dragged out from a Mercedes Benz Car. The people started beating the man. The incident happened between 2 and 3 p.m. the man who was dragged out was on "French Suit". The people were dragging the man on the ground. The incident which I am describing took place at Oki junction.

I was standing at a Mechanic workshop few distance away from Kings Clinic. The Mercedes car from where the man was dragged out was parked very close to Oki junction which is a few distance away from Kings Clinic. The only person who I was able to recognise amongst the crow is one Tony (the 9th accused person now said to be late). The crowd I saw on that day was made of between 30 and 20 persons. Some members of crowd were speaking to the man who they were beating. They spoke in Itsekiri language asking him to go and open the Trust Office. One of the men in the crowd went and talked to the 1st accused from the ground while the 1st accused was standing on the 1st floor of a story building (Balcony) housing Kings Clinic.

I did not hear what both of them discussed but, I saw the man going back to the crowd after discussing with the 1st accused,. When the man joined the crowd the beating resumed and they dragged their victim up to upper Ere-juwa junction. At upper Ere-juwa junction, I hard the sound of a gun shot from the crowd. When I heard the gun shot, I left and went home. The distance between Oki junction and upper Ere-juwa junction is about 300 feet. About 3 days later I went to see the owner of the Kings Clinic who is my cousin. His name is George Boyo. After my visit at the Clinic, I left there to see another cousin who lives along Okere Road. There I was told certain things as a result of which I offered to speak to the Police when the Police visited the scene which have described earlier. I made statement to the Police.

I am forty years old. I was born in 1954. I left primary school in 1963 and secondary school in 1973. I attended Faint Malachy Sapele. I stopped in from III.

I made the 1st statement to the Police on the 26/9/98 in Warri. I can’t remember the date I made the second statement. It was also made in Warri. I did not copy word for word what I said in my first statement into the second statement. I can identify my statement I wrote the statements in my own hand writing.

I see my statement to the Police. I made them and I signed both statements.

I now say the two statements were made word for word. I did not know what the 1st accused was doing on the balcony of the 1st floor of Kings Clinic. 1st accused was putting on a white long sleeve shirt. He also had a plaster on his chin.

All my statement to the Police were made at Warri and not at Asaba and Lagos as suggested by the counsel.

I have not come to court to tell lies.

I was close to Kings Clinic on 23/9/98 when the incident which I described to court took place. I saw the 1st accused at the King’s Clinic.

I am a staff of Globester Engineering Nig. Limited, as a storeman. MacDemont Nigeria Limited is one and the same company with Globester Engineering Nig. Limited. Both names appear on the signboard. I have an identity card from my employers. It is not here with me. The identity card was issued to me by Globester. In my statement to the Policy I stated that I work for Globester. I am not a Liar. I mentioned in my statement to the Policy that I work for MacDemont.

At present I am no longer with Globester. I am now (an applicant) jobless; but at of the incident I was with Globester (MacDemont). The office-hours of that company is between 8am-5 pm. I was on a time - off during the time the incident took place. Isaac Iwega is the name of the cousin who I visited along Okere Road about 3 days after the incident.

I am an Itsekiri man from Koko.

Cross-Exam. By Lori -Nil

Cross-Exam. By Enemigin -Nil

Cross-Exam. By Omasone:

When I saw what was happing as described above, I did not do anything.

I did not take part in assaulting the victim of crowd.

I am not a bought witness.

Re-Exam.by Uloho (Mrs.) -Nil.

This case is adj. To 11th &12th of October, 2002, for continuation.

(Sgd.)

S.A.EHIWARIO,

JUDGE.

20/9/2000.

W/5C/99: The State .. .. Complt.

Vs.

Sandys Uvwoh ^ 31 Ors. .. Accused.

W/5C/99: The accused persons are present.

T.O. Uloho (Mrs.) Chief Legal Officer for the State.

K.O. Longe with C.O. Omatsone for the 1st -3rd, 5th, 7th, 21st, 28th, 29th & 30th accused persons.

V.O. Grant for the 4th, 6th & 16th accused.

V.E. Akpoguma for the 10th, 13th, 20th, 22nd, 24th, 26th accused.

A.O. Enemigin for 25th & 27th, and holds S.O. Lori (brief for the 11th accused.

C.O. Omatsone for 8th & 32nd accused and holds A.B. Nana’s brief for the 12th, 14th, 15th, 17th, 18th, 23rd accused.

A.O. Enremigin holds J.Y. Odebala’s brief for the 31st accused.

Uloho applies for an adjournment in that she is not in the right frame of mind to conduct this case this morning because of what transpired in court this morning and the petition she received yesterday.

COURT - This morning while I was sitting just before this case was called, there was a pandemonium within the court premises which attracted the attention of those inside the court and some Policemen. The court hall and premises were jammed to capacity. A little while the Police led in a man yelling for help. He turned out to be the 8th accused person. Later the Police led in 3 fierce looking young men who were swearing and cursing. The court was informed that the three young men were engaged in beating up the 8th accused person. A woman alleged to have pointed the 8th accused to the three young men who immediately engaged him a fight.

The court ordered that the said woman be brought in and she was brought in. after a short interview I discovered that the woman and the three young men involved are relations of the deceased subject matter of this charge.

The atmosphere appeared charged. The four persons involved in causing the pandemonium are to be remanded in prison custody until the next adjourned date.

Long in opposition to the application for adjournment to which all other accused counsels associate themselves submits that the application of the state counsel has no merits. There is no definite reason stated why the state is not in the right frame of mind and what she wants to consult the D.P.P. and Attorney-General about.

Once this case on court, it is totally out of the control of the D.P.P./ Attorney-General except where they want to enter a ‘nolle’. The application should be refused because the accused persons see the application as a delay tactics.

(Sgd.)

S.A. EHIWARIO,

JUDGE.

11/10/2001.

W/5c/99: The accused persons are present.

T.O. Uloho Mrs. Chief. Legal officer for the state.

K.O. Longe with Omatsone for 1st, 2nd, 3rd, 5th, 7th, 21st 28th, 29th and 30th Accused.

V.O. Grant with O.O. Rhiogbere for 4th, 6th & 16th accused.

V.E. Akpoguma for the 10th, 13th, 20th 22nd, 24th & 26th accused persons.

S.O. Lori for the 11th accused & holds odebala’s brief for 31st accused person.

A.O. Emenigin appears for the 25th & 27th accused.

C.O. Omatsone for the 8th 32nd accused; and holds A.B. Nana (Mrs.) for the 12th, 14th, 15th, 17th, 18th and 23rd accused.

P.W.4 -Sworn on the Holy Bible states English language. My name is Jerome Idiate. I am a Police officer attached to the Police Headquarters, Asaba. I am a Police Superintendent formerly Divisional Police in charge of Warri South Local Council Area Warri. On the 22/9/98 a letter written to the Landlady of No.34 Upper Ere-juwa Warri, and copied to my office was brought to my notice. As a result of the contents of the letter I deployed an anti crime patrol team to visit the address and invite some youths who were alleged to be making illegal use of an office owned by Ugborodo Community. I also directed that the author of the said one Mr. Metseagharun should also be invited to be interviewed by me. The team returned to say that nobody was seen in the office. The following day the same team repeated the mission and returned with the author of the letter but the youths were not brought because they were not seen.

The author introduced himself to as the chairman of Ugborodo Community Trust. He informed me that he had lodged the office on that very day. In the evening of that day. (23/9/98) I received a report through a man one Anthony Ohwusuri (P.W.1) that Mr. Metseagharun was attacked by some people and had been taken away by his assailants. As he was discussing with me there was uproar and people were saying that the man had been reported dead in the hospital. Then ordered the Divisional Crime Branch Officer to commence investigation while I sent a message to the State C.I.D., Asaba. Along the line detectives from Force C.I.D. Lagos interviewed me and I made a statement to them and handed over to them a certified true copy of the letter which I received earlier.

This is the letter now shown to me. Uloho seeks to tender the letter as an Exhibit. The defence Counsel have no objection. The letter admitted and marked Exhibit ‘A’.

Cross -Exam. - Defence counsel say they have no question for the witness.

P.W.5 sworn on the Holy Bible stated in English language. My name is Robert Idiaru. I am a Police Sergeant with Force No.128977 attached Division Headquarters Warri. I know some of the accused persons. These are 1st, 4th & accused persons. I know one P.W5 1, 2 and 4 in this case. The P.W.4 was my former divisional police officer. On the 23rd September, 1998 at about 3.30p.m a case of murder was referred to me for investigation by the D.C.O. I found a body inside a vehicle at the Police Station. I requested the man who brought the body to accompany it to the mortuary where he deposited the body. I later came back and obtained a statement from the complainant one Anthony Ohwosuri (P.W.1). I also obtained a statement from one Frank (P.W.2) who brought the body.

Thereafter I accompanied P.W.1 to scene of crime.

On the 24/9.98 I was invited by the D.C.O. who informed me that three of the suspects had been arrested. He handed them over to me. I took the suspects were the 1st, 4th & 6th accused persons. I first of all cautioned the first accused persons in English language, he volunteered a statement which I recorded myself, I read the statement over to him and he signed. Before I cautioned the first accused, I charged him with the offence of murder. This is the first accused statement now shown me.

Uloho seeks to tender the document as an Exhibit.

K.O. Longe says he objects to the document coming in through this witness.

He is neither the author nor has it been said that the document has been in his custody.

Uloho replies -The witness has told this court that he recorded the statement as a Police Officer, although he failed to counter-sign as the recorder. Urges on this court to admit the document as it is relevant to the proceeding. At this stage counsel urges this court to admit it as an identification.

ORDER - Identification ‘B’

I charged the 4th accused with the offence of murder.

I cautioned him in English language and he volunteered a statement in English language. The 4th wrote his statement himself. At the he signed the document after reading over to my hearing. This is the 4th accuser’s statement now shown to me.

Uloho seeks to tender it as an Exhibit.

Grant does not object.

Court - 4th accuser’s statement to this witness is admitted and marked Exhibit ‘C’ Finally I charged the 6th accused with offence of murder.

I cautioned him in English language and he volunteered a statement; which he recorded. At the end he read it to my hearing and he signed. This is the statement of the 6th accused which he made to me.

Uloho seeks to tender the statement as an Exhibit -Grant has no objection.

The document is marked Exhibit ‘D’. Before I could do any anything further in this there was instruction that the case file be handed over to a team of detectives from Asaba and I did.

P.W.1 took me to the scene of crime, which is along Okere Road, close to the King’s Clinic Warri. P.W.1 told me that, that was the place the deceased’s assailants started beating him. The D.C.O. informed me that the 1st accused was arrested at the King’s Clinic. When I saw the 1st accused for the first time he was wearing a badge on his chin. The badge was blood stained. King’s Clinic is a medical centre. I handed over the case file to Asaba team on the 24/9/98.

Cross -exam, by Grant. - I wrote a brief report before handing over. It is true I handed over the report on the 24/9/98, but the report was written on the 23rd September, 1998. the report is dated the 25th September, 1998. It is true I made the report is dated the 25th September, 1998. It is true I made the report on the 23/9/98. The date is wrong. I obtained statement of the three accused persons before I made the report. Exhibits ‘C’ and ‘D’ were obtained on the 24/9/98.

The date inserted on Exhibit ‘D’ is 24/8/98. It is not true that only P.WS1 and 2 had given their statement to me before the 3 accused made their statement. Mr Adijala had also made statement to me. The report, which I made, will not necessitate indicating the names of those who made a statement to me.

Cross- examination from the rest defence counsel -Nil.

Re -exam. By states counsel -Nil

This case is adjourned to 23rd (11am) 24th day October, 2000, and 2nd of November, 2000 for continuation.

The four persons reminded yesterday in custody are to released but they must sign an undertaken to be of good behaviour for the next 3 months.

(Sgd.)

S.A. EHIWARIO,

JUDGE.

12/10/2000.

W/5C/99: The State .. .. Complt.

Vs.

Sandy Uvwoh & 31 Ors. .. Accused.

W/5c/99: The accused persons are present.

T.O. Uloho Mrs. Chief. Legal officer for the state.

C.O. Omatsone holds K.O. Longe’s brief for the 1st -3rd, 5th, 7th, 21st 28th -30th accused persons, and as at right 8th & 32nd accused persons.

V.O. Grant appears for the 4th, 6th & 16th accused.

V.E. Akpoguma with A.O. Akpoguma (Mrs.) for the 10th, 13th, 20th, 22nd, 24th & 26th accused persons.

S.O. Lori for the 11th & 31st accused persons.

A.O. Enemingin for the 25th & 27th accused.

P.W.6 sworn on the Holy Bible states in English language. My name is Benjamin Ochefu Police Inspector attached Area Commander’s Officers, Warri but formerly of state criminal investigation Dept. Asaba.

I know all the prosecution witness in this case including some of the accused persons here in court viz, 1st, 4th, 6th, 11th, 31st, 3rd, 2nd,13th 5th, 30th, accused person.s

On the 25/9/98. I was on duty at Asaba with member of my team when a case of murder of the deceased in this case was assigned to our team. I was heading the team.

In the course of our investigation, I life Asaba for Warri with the members of my team. At ‘A’ Division of Nigeria Police Warri the accused person namely 1st, 3rd & 6th accused were handed to along with the case file.

P.W.1 was introduced to us as the complainant. I took over the 3 accused persons and brought them to the charge room of ‘A’ division Warri and kept them there. I interviewed the P.W.1 and thereafter took us to the scene of crime along Okere/Ere-juwa Road Warri. We invited some witnesses to the station at ‘A’ division Warri. Having obtained statement’s from P.W.1 and other to us. I charged the 1st accused with the offence of murder of the deceased. I cautioned him in English language and explained it. After agreeing to have understood the cautionary words he signed it and he volunteered a statement in English which I recorded for him also in English. I read the statement over to him and he agreed that it was correct before the signing. I counter signed as the recorded.

This is the 1st accuser’s statement now show to me. Uloho (Mrs.) seeks to tender the statement. Omatsone does not object -1st accused statement Exhibit ‘E’

I charged the 4th accused with the offence of murder of the deceased.

I cautioned him in English language and explained the cautionary words to him in English language and he understood and he signed it.

Thereafter he volunteered a statement in English language which I recorded for him in English language. At the end I read the statement over to him and he confirmed it to be correct and I countersigned the statement as the recorder. This is the statement of the 4th accused person now shown to me in court. I now say that after the cautionary words, the 4th volunteered a statement and record it himself in my presence, after which he read and confirmed it to be correct in my presence. I then took-possession of the statement.

Mrs. Uloho seeks to tender the statement of 4th accused as an Exhibit Grant doest not object.

Order 4th accused statement is admitted and marked Exhibit ‘F’.

After the 4th accused statement 1, charge the 6th accused person with the offence of murder of the deceased. I cautioned him in English and explained it to him in the same language after confirming that he understood the cautionary words he volunteered a statement in English language, which I recorded for him. At the end I read it over to him in English language and after confirming that it is correct he signed and I counter-sign as the accused statement. Mrs. Uloho seeks to tender it as an Exhibit. Grant (6th accused Counsel) does not object.

Order -6th accused person statement to P.W.6 is admitted and mrked Exhibit (‘G’). After the 3 accused statement. We started to investigate the alibi set up by the 1st accused person. We visited King’s Clinic where we met the medical director one Dr. Boyo and a matron who confirmed accused person’s admission in the Clinic. The medical director & the matron made statement to us and supported their statement with hospital documents.

The 1st accused person also produced some photographs of his injuries. We extended our investigation to Agbor where the 1st accused alleged that he was stabbed by a political rival and at Abgor it was confirmed that 1st accused and his political associates held a political meeting wherein 1st accused was stabbed.

We also investigated the alibi set up by the 4th accused person.

It was confirmed by the Crystal-line Transport Warri that 4th accused person travelled in their vehicle on the 22nd September, 1998. Later we extended our investigation and arrested the 30th accused within Warri environs.

We also arrested 2nd accused person who reported himself at Asaba. We later discovered that he is a Lawyer by profession. I charged him with the murder of the deceased, l cautioned him in English language and explained the cautionary words to him and he signed there-after he volunteered a statement he recorded in his own handwriting. At the end he read it aloud to my hearing and he signed and I counter-signed as a witness. I can identify the statement.

This is the statement of the 2nd accused person. Omatsone does not object to the admissibility.

Order -2nd accused statement Exhibit ‘H’

As a result of the contents of the 2nd accused statement that he was in Magistrate Court IV Warri, we visited the court and it was confirmed the 2nd accused person was in court on the 23/9./98. The Clerks in the court confirmed the 2nd accused claim. More accused suspects were arrested and charged and their statement were obtained by members of my team.

After these events, my team put in an interim report to the commissioner of Police Delta state Command, after which 8 accused person were arraigned before a chief magistrate court, Warri on the 3rd day of November, 1998. Thereafter the original case file was duplicated and the duplicate was sent to the D.P.P. for legal advice. Later the A.I.G’s office came from Benin to take over the matter. The team was led by one superintendent Musa.

Cross-exam, by Omatsone.

When the 1st accused was handed over to us by the 25th September, 1998 he was wearing a plaster on his left chin with blood stains. Because of the injuries on his chin 1st accused was not finding it easy to talk. At Asaba, 1st accused was taken to the hospital. We visited the 2nd accused chambers but we did not leave any instruction for anybody to see us respect of the 2nd accused person movement. I can’t remember receiving any certified records of proceedings from the 2nd accused, but the court officials confirmed that the 2nd accused was in court on 23/9/98. Some of the accused persons reported themselves at Asaba. There was an interim investigation report. At the time of the said report 19 suspects were in our custody. These are 1st, 4th, 6th, 7th, 32nd, 30th 8th, 5th, 3rd, 13th 14th, 10th, 11th, 2nd, 31st, 12th Solo, I Awalo (not charged) 9th, (now late), and other which I cannot remember now.

In our interim, report, we did say that the arraignment of some of the suspect at Magistrate court level was based on mere suspicion as they were no eye witnesses who had come forward to testify to their involvement in the offence.

I told this court that the office of Crystal-line Transport confirmed that the 4th accused person travelled in their transport company vehicle on the 22/9/98 from Warri to Lagos. We did not check the 24th accused claim of leaving Lagos by the same company transport on the 23/9/98. it is true that the 4th accused handed over to me the receipt with which the company acknowledge his payment of fares from Lagos -to Warri on the 23/9/98. the 6th accused did not give us the particulars of the place or places he allegedly visited in Benin to enable us cheek. I did ask the 6th accused to tell us the place or place he visited and his reply was only ‘Benin’. 6th accused claimed he went to Benin to treat his eyes. We took over the investigation from Nigeria Police ‘A’ Division Warri.

This case is adj. Till the next day 24/10/2000.

S.A. EHIWARIO,

JUDGE.

12/10/2000.

W/5C/99: The State .. .. Complt.

Vs.

Sandy Uvwoh & 31 Ors. .. Accused.

W/50/99: All the accused persons are present.

T.O. Uloho (Mrs.) for the State.

C.O. Omatsone holds K.O. Longe’s brief for 1st - 3rd, 5,7, 21st, 28th, 29th, & 30th accused. Also holds A.B. Nana (Mrs.) brief for the 12th, 14th, 15th, 17th, 18th, & 23rd accused. No appears in his own capacity for the 8th & 32 accused.

V.O. Grant appears for the 4th, 6th, & 16th accused and holds S.O. Lori’s brief for the 11th & 31st accused.

V.E. Apoguma for the 10th 13th, 20th, 22nd, 24th & 26th accused.

A.O. Enemigin appears for the 25th & 27th accused.

Cross-examination of the P.W.6. continues.

Witness is reminded of his oath.

Cross -exam. By Grant continues -

The report put in by my team was headed "Police interim Investigation Report". As at the time this report was put the investigation was almost conclude.

Akpoguma says he has no questions.

Enemigin - Nil.

Re-Examination by Uloho Mrs. - Nil.

Mrs. Uloho informs this court that the witnesses she intended to call this morning were arrested by Police men from Lagos yesterday within the court premises in connection with the death of one of the accused persons (the 9th accused).

She further informs the court that she was at the Police station Ughelli where she was informed that the arrested person were taken to the Police Area Commander’s office Warri.

She further informs the court that as a result, she is not in a position to go on this morning.

Akpoguma says that he is opposed to the application for an adjournment on the sole ground that the prosecution has been misinformed on the information she just passed on to the court.

The four persons who were invited by the Police yesterday were also released the same yesterday and these are:

Out of these four persons who were arrested and promptly released yesterday only Dorothy Ejuwa is in the proof of evidence as prosecution witness (the 6th on the list) and she is within the court premises.

Submits that there is no merit in the counsel’s application for adjournment; as it is calculated to delay the hearing and further punish the accused persons. The application is made in bad faith and it should be discontinued he concluded.

In reply the chief legal officer submits that she is not aware that Dorothy Ejuwa is now in court and that information passed to the court was what she was told.

I think there is merit in the submission of the defence counsel that this application is brought in bad faith. Firstly the prosecution failed to give us the names of those arrested so that we can check whether they are on the proof of evidence as witnesses. Further more all those who were arrested yesterday by the Police were said to have been released the same yesterday and their surety one Barrister Ikomi is in Court and he has not got up to deny the fact. Infact one of the persons who were arrested one Dorothy Ejuwa is said to be in court.

The antecedents of this case show clearly that certain elements are daily at work trying to stall the speedy and smooth administration of Justice. I have to warn vehemently that I will not hesitate to bring the full weight of the law or any person or group of persons who may like to throw a spanner on the wheels of progress in this case.

I rule that the prosecution’s application for adjournment based on the reasons adduced by her is unmeritorious and is refused.

At his junction, the chief legal officer says she has no single witness in court to present. When asked by the court to state whose duty it was to arrange for witnesses, she said that duty is that the Police process server who incidentally is not in court also.

COURT -It would appear to me that the prosecution is handicapped, by some difficulties which otherwise would have been avoided by careful and diligent planning.

I will give her time to sort things out before the next adjourned date. This case is adjourned to the 2/11/200 for continuation.

W/50/99: The State .. .. Comply.

Vs.

Sandys Uvwoh & 31 Ors. .. Accused.

W/50/999: All the accused persons are present.

C.C. Omatsone holds K.O. Longe’s brief for the 1st, 2nd, 3rd, 5th, 7th, 28th, 29th, & 30th accused, and A.B. Nana’s (Mrs.) brief for 14th, 15th, 17th, 18th, & 23rd accused; and appears in his own capacity for the 8th & 32nd accused.

S.O. Lord for the 11th accused.

A.O. Enemigin for the 25th & 27th accused.

J.Y. Odebala for the 31st accused.

The State Counsel Uloho (Mrs.) and V.O. Grant had written for adjournments because of the commissioning of Warri Bar Law center taking place today in Warri.

This case is adjourned to the 4th - 6th December, 2000 for continuations.

W/50/99: The State .. ... Complt.

Vs.

Sandys Uvwoh & 31 Ors. .. Accused.

Case adj. To 5/12/2000.

W/50/99: The State .. .. Complt.

Ve.

Sandys Uvwoh & 31 Ore. … Accused.

W/50/99: All the accused persons are present.

T.O. Uloho (Mrs.) appears for the State.

C.O. Omatsone holds K.O. Longe’s brief for the 1st - 3rd, 5th, 7th, 28th, 29th, 30tj, and holds A.B. Nana for the 14th, 15th, 17th, 18th and 23rd, accused and he appears for the 8th & 32nd accused.

B.O. Grant for the 4th, 6th and 16th accused.

V.E. Akpoguma for the 10th, 13th, 20th, 22nd, 24th and 26th accused persons.

S.O. Lori for the 11th accused.

A.O. Enemigin for the 25th & 27th accused.

J.Y. Odebala with Omamaren Odebala for 31st accused person.

P.W.7. Sworn on the Holy Bible states in English language. My name is John Audu an Inspector of Police formerly attached to Homicide section Police Headquarters Asaba now with Anti-Vice section, Asaba. I know the 11th, 6th, 3rd, 4th, 5th, 2nd, 1st, 7th, 13th, 14th, 30th, 32nd, 31st, 8th and 10th, persons. on the 25th day of September, 1998, a signal which originated from A Division of Nigeria Police Warri and addressed to the commissioner of Police, Asaba was received and referred to Inspector Ochefu and his team for investigation. Ochefu’s team comprised of Inspector Benjamin Ochefu (Leader), myself (member) Police Constable Samson Ikem (member).

The team on receipt of the signed proceeded to Warri and at Warri we retrieved a case file for murder in which one Metseagharun was the victim. The accused persons earlier on identified by me were handed over to us. I recorded statement from the 7th accused person. I cautioned her in English language having been charged with offence of conspiracy and Murder. I cautioned her in English language and she volunteered her statement in English language. Which I recorded down in English language. I read it over to her in English language and she admitted it was correct and she signed and I counter signed as the recorder.

Uloho (Mrs.) seeks to tender the document as an Exhibit. Omatsone does not object.

Order -Document is admitted and marked Exhibit ‘K’.

Thereafter I recorded a statement from accused No. 13. I charged him with the offence of conspiracy and murder. I cautioned him in English language. He volunteered a statement in English language, which I recorded in English language. At the end I read the statement over to him in English language. He said it was correct and he signed. This is the statement, which I recorded. Uloho (Mrs.) seeks to tender the document as an Exhibit. V.E. Akpoguma does not object.

Order - The document is admitted and marked as Exhibit ‘N’

I recorded statement from the 11th accused person. I charged him with the offence of conspiracy and murder. I cautioned him in English language and eh volunteered a statement in English language, which I also recorded down in English language. At the end I read it over to him in English language and he said it was correct and he signed and I counter-signed as the recorder. This is the statement now shown to me. Uloho (Mrs.) seeks to tender it as an Exhibit. S.O. Lori n does not object to the admissibility of the doctor.

Order - Document admitted and marked Exhibit ‘N’.

While the investigation was going on, there was an instruction from the Assistant Inspector General of police in charge Zone 5 Benin City directing that the case be transferred to Zone 5 Benin-City for further investigation. The case was accordingly transferred. Before the case was transferred to Zone 5, we visited a house along Okore road Warri a house, which the deceased was alleged to have visited immediately before his arrest by his assailants. We were show the road (point) where the deceased was dragged along Okore road, and Upper Ere-juwa road down the Ogorode Trust Fund Office along Upper Ere-juwa Warri. We also visited one King’s Clinic along Okere road where the 1st accused was alleged to be on admission.

We moved the suspects to Asaba because of the volatile nature of Warri. xxx cross- Examination by C.C. Omasone. Some of the accused persons came to Asaba to report themselves. I don’t know whether some of the accused persons were arrested by some militant youths and brought to the Police Station. It is true I recorded Exhibit ‘K’. The 30th accused said in her statement Exhibit ‘K’ that one Police and others stormed into her house at nighttime and arrested her.

We did not investigate that allegation before handing over the case to Zone 5 Benin City. We also did not investigate the alibi raised in the statement of some of the accused persons before Zone 5 took over. Some of the accused persons were granted bail by the Police at Asaba. I can’t remember whether some of the accused persons were arraigned before a Chief Magistrate Court.

xxx Cross-examination by V.E. Akpoguma.

The 13th accused persons statement Exhibit ‘M’ was made at Asaba. The 13th accused reported himself at Asaba.

No cross - examination by the rest defence counsel.

No - Exam. By Uloho (Mrs.) - Nil.

P.W.8. Sworn on the Holy Bible states in English language. My name Samson Ikem Force No. 193651 attached to State Criminal Investigation Departments, Asaba. I know P.W.S 6 & 7. P.W.6 headed an investigation team and P.E.7 and I were members of the team, which investigated this case. I know some of the accused persons. in the course of our investigation I recorded statements from some of the accused persons. These are the 10th, 4th, 5th, 31st, 3rd, 14th accused persons.

I charged the 3rd accused person with conspiracy and murder. I cautioned the accused in English language and he volunteered a statement in English.

Thereafter, be mad a statement also in English language which he recorded himself in English language. At the end he read over the statement to him in English language and he said it was correct and signed. This is the document I have been referring to. Uloho (Mrs.) seeks to tender it for Exhibit. Omatsone does not object.

Order - statement of 3rd-Exhibit ‘O’.

I also charge the 5th accused for the offence of conspiracy and murder. I recorded his statement in English language at the end I read it over to him in English language and he said it was correct and he signed.

At this injunction this case is adj. till tomorrow the 6/12/2000 for further hearing.

W/50/99: The State .. .. Complt.

Vs.

Sandys Uvwoh & 31 Ors. .. Accused.

W/50/99: All the accused persons are present.

T.O. Uloko for the State.

C.O. Omatsone holds K.O. Longe’s brief for 1st - 3rd, 5th, 7th 21st, 28th and 29th accused and holds A.B. Nana for the 14th, 15th, 17th, 18th and 23rd accused and appears for 8th and 32nd persons.

V.O. Grant for the 4th, 6th and 16 accused.

V.E. Akpoguma for 10th, 13th, 20th, 22nd, 24th and 26th accused.

S.O. Lori for the 11th accused A.O. Enemigin for 25th and 27th accused.

O. Odebala for the 31st accused person.

This case is adjourned to the 30th January, 2001, and 7th and 8th February, 2001 for continuation.

W/50/99: The State .. .. complt.

Vs.

Sandys Uvwoh & 31 Ors. .. Accused.

W/50/99: All the accused persons are present.

T.O. Uloho (Mrs.) for the State,

C.O. Omatsone holds K.O. Longe’s brief for the 1st-3rd, 5th, 7th, 21st, 28th - 30th accused persons; and A.B. Nana (Mrs.) for the 12th, 14th, 15th, 17th, 18 and 23rd accused persons and appears in person for the 8th and 32nd accused persons.

V.O. Grant for the 4th, 6th and 16th accused persons, and holds V.E. Akpoguma for the 10th 13th, 20th and 22nd - 24th and 26th accused persons.

S.O. Lori for the 11th accused; and holds J.Y. Odebala’s brief for the 31st accused.

A.O. Ehemingin for the 25th and 27th accused.

P.W.8 is reminded of his oaths. Evidence in-chief continues.

This is the statement of the 5th accused person now shown to me in court. Uloho seeks to tender the document as an Exhibit. No objection from Counsel.

Document admitted and marked Exhibit ‘P’.

I also recorded the statement of the 10th accused person. I arrested the 10th accused person and charged him with the offence of murder. I cautioned him in English language and volunteered a statement in English language which I recorded the statement in English language. At the end, I read the statement over to him in English language and he said it was correct and he signed.

This is the statement of the 10th accused now shown to me in court.

Uloho seeks to tender the statement as on Exhibit.

There is no objection form the Counsel.

The document is admitted - 10th accuser’s statement Exhibit ‘Q’.

I arrested the 12th accused person and charged him with the offence of murder. I cautioned him in English language and he volunteered a statement in English language and I recorded it for him in English language. At the end I read it over to him in English language and he said it was correct and signed. This is the statement now shown to me in court. Uloho seeks to tender the document.

This no objection from counsel.

The 12th accused statement - Exhibit ‘R’.

I arrested the 31st accused and charged him with the offence of conspiracy and murder. I cautioned him in English language and he volunteered a statement in English language, which he recorded by himself. At the end, he read it over and signed in my presence and I took possession of the statement; I wrote the cautionary words on the statement.

This is the statement of the 31st accused person now shown to me.

Uloho seeks to tender the statement. 31st accuser’s statement Exhibit ‘S’.

Xxx Cross-C.O. Omatsone Cross-exam.-

Apart from recording the statements which I mentioned earlier I did not go to Escravos. I say Pauline when she came to Asaba I did not have any interview with the said Pauline as to the role she played in assisting the Police to arrest some of the accused persons in this case. I am not aware of any document containing the list of persons the Police should arrest, which as allegedly handed over to my team. The deceased was alleged to have been beaten by Youths. The 5th accused told me that he was the spokesman of the Community. He told me that he was not one of the youths. The 3rd accused also said he is not one of the youths. I did not investigate the story of 3rd accused, which alleged that he was involved in a burial arrangement of a close relation. I did not investigate the fact whether there was a court case between 3rd accused and one Pauline Majemite. The 5th accused said in his statement Exhibit ‘P’ that on the 23/9/98 he was out of Town when the alleged incident happened. I did not investigate the alibi raised by the 5th accused. He also said that his relationship with Pauline had not been cordial.

No more cross-examination for other counsel.

Re-exam., by the prosecutor - Nil.

This case is adj. To 7th & 8th of February, 2001 for continuation.

W/50/99: The State .. .. Complt.

W/50/99: T.O. Uloho (Mrs.) Chief legal Officer for the State.

C.O. Omatsone holds K.O. Longe for the 1st - 3rd, 5th, 7th, 21st, 28th, 30th accused holds A.B. Nana’s brief for 14th, 15th, 17th, 18th and 23rd, and appears in person for the 8th 32nd accused.

V.O. Grant with O.O Rhiogbnere for the 4th, 6th and 16th accused.

V.E. Akpoguma for the 10th, 13th, 20th, 22nd, 24th and 26th accused.

A.O. Enemigin for the 25th & 27th accused and holds S.O. Lori’s brief for the 11th accused and holds Odebala’s brief for the 31st accused.

This case is adj. To the 27th day of March, 2001 for mention.

W/50/99: the State .. .. Complt.

Vs.

Sandys Uvwoh & 31 Ore. .. Accused.

1st to 3rd, 5th to 27th; 29th to 32nd accused persons are present. 4th and 28th accused persons and are absent. 19th accused person has since been discharged as the state withdraw against him. 9th accused person in reported dead.

Mrs. T.O. Uloho - chief legal officer for the State prosecuting.

C.O. Omatsone Esq. Hold K.O. Longe’s brief for the 1st, 2nd, 3rd, 5th, 7th, 28th, 21st, 29th and 30th accused persons.

He also holds the brief OF A.B. Nana (Mrs.) for the 14th, 15th, 17th, 18th and 23rd accused persons and appears for the 8th and 32nd accused persons.

V.O. Grant Esq. For the 4th, 6th, and the 16th accused persons.

A.O. Enemigin Esq. For the 25th and 27th accused persons and also holds the brief of S.O. Lori Esq. For the 11th accused person. He also holds the brief of J.Y. Odobala Esq. For te 31st accused person.

V.O. Grant Esq:

My Lord, one of my clients, that is the 4th accused person is absent. 4th accused has been showing signs of ill health. After exhausting orthodox treatment, he has resorted to native treatment. I am informed this morning that the orthodox medical doctor says 4th accused has to be brought to his Clinic before be can issue medical certificate. The doctor who was treating him before is Dr. Leigh of Lily Clinic. 4th accused has been sent there now. Despite his failing health, 4th accused had never been absent from court. We are sorry for his absence, which is due to ill health.

C.O. Omatsone Esq;

I am sorry that the 28th accused person is not in court. He is very ill. There is a medical certificate issued to him, which is shown to court. Chief legal officer:

COURT: In view of the absence of the 4th accused and 28th accused persons this case shall be adj. It is hereby adjourned to 25/4/2001 for mention while the Warrant for the former Judge to conclude the hearing and determination is being transmitted to him.

S.C. JAHO

W/50/99: the State .. .. Complt

1st to 27th and 29th to 31st accused persons are present.

28th accused person is absent.

C.O. Omatsone Esq. Holds K.O. Longe’s brief for ist, 2nd, 3rd, 5th, 7th, 28th, 29th 30th accused persons.

C.O. Omatsone Esq. Also appears for the 8th, 12th, 14th, 15th, 17th, 18th, 20th, 23rd and 32nd accused persons.

Olusola Ehogbere Esq. For the 4th, 6th, 16th accuse persons.

A.O. Enemigin Esq. For the 25th and 27th accused persons.

A.O. Enemigin Esq. For also holds S.O Lori’s brief for the 11th accused person, also holds J.Y. Odebala’s brief for the 31st accused person.

C.O. Omatsone Esq:

My Lord, there were 32 accused persons initially. The state withdraw against the 9th accused person was killed by certain persons in respect of this same Community issue.

The case has been transferred to Hon. Justice S.A. Ehiwarion at Sapele High Court. We agreed to go to Sapele for the continuation of the cases.

Order: In view of the fact that this matter has been transferred on Warrant to Sapele High Court, it is hereby Ordered that the accused persons should go to High Court of Justice, Sapele for further hearing and determination of this case before Hon. Justices S.A. Ehiwario.

Case is adjourned to 24/5/2001 for mention at the High Court of Justice Sapele Judicial Division.

S.C. JAHO

CERTIFIED TRUE COPY