The defendants, Macaulay Desmond Oghenemaro, Ojokojo Robinson Obajero, Nwosisi Benedict Uche and Enaike Onoriode are facing an 8 count charge filed by the Attorney-General of Delta State against them
The Prosecuting State Counsel, Mr. Omamuzo Erebe, Director Department of Legal Drafting in the State Ministry of Justice, who led Eruwhu Akpoghene, an Assistant Chief State Counsel, called its 5th Prosecution witness.
The witness, Sgt. Okoi Eteng, told the Court through his written statement on oath that on the 16th day of November 2018 following the report of the case of the missing person reported at the Nigeria Police Station, Abraka, the Police deployed its tracking device to locate the handset of the deceased.
He stated that the report from the tracking process showed that on the 16th day of November 2018, a sim card was inserted into the deceased handset and used to call the 3rd Defendant, Nwosisi Benedict Uche. The report also showed the picture of the 3rd Defendant as the person who received the call.
He stated that he was able to identify the picture of the 3rd Defendant and this led to thre 3rd Defendant’s invitation to the Police Station. On further questioning, the 3rd Defendant told him that the number that called him belonged to the 4th Defendant, one of the Security Guards under his supervision and posted to Campus 3 Main Gate of the Delta State University Abraka.
The witness further told the Court that on receipt of this information, he led a team of Policemen to Campus Three Main Gate, Delta State University Abraka to apprehend the 4th Defendant.
However, the 4th Defendant on sighting the police, took to his heels but he was eventually caught and was in possession of the Tecno K7 Mobile phone belonging to the deceased.
On return to the Police station, the mother of the deceased promptly identified the Tecno K7 Mobile phone handset recovered from the 4th Defendant as belonging to her daughter.
The witness subsequently tendered the Tecno K7 Mobile phone handset and the statements of the 3rd and 4th Defendants in evidence. The counsel to the 4th Defendant, B. Okoh Esq objected to the tendering of the 4th Defendant’s statement on the grounds that the 4th Defendant never made a statement to the Police. The Prosecuting Counsel in reply to the objection applied to the Court to dismiss same as the objection only affects the weight to be attached to the statement which will be determined by the Court in its Judgment.
In a short ruling, the Learned trial Judge, Justice Flora Ngozi Azinge overruled the objection of the Defence counsel and admitted the Statement in evidence as the grounds of the objection raised by the 4th Defendant’s counsel were on the weight to be attached to the statement which the Court will determine in its judgment.
Under cross-examination by K. Ajayi Esq, counsel to 3rd Defendant, the witness told the Court that the arrest of the 3rd Defendant was based on the statement by the 4th Defendant that the Tecno mobile phone handset was sold to him by the 3rd Defendant.
Other counsel present in Court included S.C. Okehielem for the 1st and 2nd Defendants and I.J. Ifenedo holding a watching brief for the nominal complainant.
The matter has been adjourned to 16th and 17th December 2019 respectively for continuation of further hearing.