The case with Charge No: 0/31c/18 on the assault of Barr. Chiamaka Nwangwu & Ors who were assaulted by the then DPO at 3-3 police station, Onitsha, came up today in High Court No. 1 Onitsha, before His Lordship, Hon. Justice Ijem Onwuamaegbu.
The NBA Onitsha branch which is prosecuting the said charge was represented by 15 legal practitioners led by A.C. Anaenugwu, SAN, whilst the police lawyers representing the defendants (DSP Jane Mbanefo and Sgt. Flora Omenye) were led by DSP C. I. Obi.
The defense, yesterday being 21/1/19, filed a motion challenging the service of the information on the defendants by substituted means through the O/C legal of Area Command, Onitsha.
The said motion was served around 3: 00 pm, yesterday on the prosecution.
In court, upon the police lawyer indicating that he was ready to move the said motion, Emeka Anaenugwu, SAN, sought to raise an oral objection to the competence of the motion. The defense became jittery and sensing danger, contended that the Learned Silk should put his objection in writing, arguing that it is improper in law to do so orally.
Meanwhile, the court cautioned the defense counsel, DSP C. I. Obi on his improper conduct and language in the court, especially as to the way he was consistently and rudely interrupting the court.
Arguments were taken on both sides as to whether the learned silk can make an oral objection to the competence of the defendants’ motion.
Along the way, the defense counsel continued with his poor attitude towards the court which led the court to bar DSP Obi from conducting the case for the defense and called upon the next Senior police counsel with him for the defense to take over.
SP A.A. Nwano then took over for the defense and prayed the court to allow him call on Sgt. C.P Nwezi to conduct the case since he was not so familiar with the facts of case. The Court obliged his request. Upon the grant of the request, Nwezi finished the argument for the defense. The court thereafter wrote a Bench Ruling and disregarded the contention of the defense against the Prosecutions’ proposed oral objection to the competence of the motion they filed.
At this point the defense threw in the towel and prayed passionately for adjournment, which was objected to by Anaenugwu, SAN.
The court was however minded to adjourn the case to 24/01/2019, being next tomorrow by 12 noon.