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A Magistrates’ Court in Warri, Delta State, has adjourned the case of the missing Olu of Warri crowns till June 1, 2022.
The case was instituted by the Delta State Commissioner of Police against the embattled Ologbotsere of Warri Kingdom, Chief Ayiri Emami.
The adjournment followed an attempt by the prosecutor’s lawyer to argue for stay-of-proceedings on an application brought before the court.
Prof. Abiodun Amuda-Kannike (SAN) is the lead prosecuting counsel, having been granted fiat by the Attorney-General and Commissioner for Justice, Isaiah Bozimo, to prosecute the matter on behalf of the state, with Chief Robinson Ariyo, Jolone Ikomi and F.J Atie, as co-applicant counsels.
Chief Victor Otomiewo is the lead defence lawyer, with Chief Emmanuel Uti, Presley Okojie and others, appearing as co-defence counsels.
At the resumed hearing on April 20, Prof. Amuda-Kannike cited Section 304 of the Administration of Criminal Justice Act (ACJA) 2017, while praying for stay-of-proceedings of the matter.
But Chief Otomiewo described it as ‘incompetent’, saying there is no provision for interlocutory appeal.
Prof. Amuda-Kannike had filed the interlocutory application for stay of proceedings after the court ruled against a motion to recuse itself from the case, based on a letter written by the Warri Council of Chiefs alleging that the magistrate was biased.
Magistrate Ejiro Diejomoh, after listening to both arguments, adjourned the case till June 1 for ruling on the application for stay-of-proceedings.