Court Remands 2 For Murder

By Nwogha Ndubuisi Andy

 

The Magistrate Court sitting in Abakaliki, Ebonyi State capital on Friday 6 March, 2020 remanded one Livinus Ovuoba, 47, and Ejimbeke Nwakpa, 50, in prison custody, for the murder of one Moses Nwamini, in the state.

They were alleged to have shot the victim in the head, which led to his instant death.

It was gathered that the suspects also invaded the palace of one HRH Eze Donatus Eji, with arms and ordered him to sit down, denounce his throne and declare he was no longer the village head of Obeju Eji Community, in the Izzi Local Government Area of the state.

It was also learnt that the suspects committed the offence at Obeju Eji Community, in the Izzi LGA of Ebonyi State, on February 15, 2019.

They were arraigned before the Magistrate’s Court on three counts bothering on felony, murder and breach of peace.

The Police Prosecutor, DSP Monday Okechukwu, told the court that the offences were punishable under sections 516A (a), 319(1) 249(d) of Criminal Code Cap. 33, Vol. 1, Laws of Ebonyi State of Nigeria, 2009.

The charges read, “That you Livinus Ovuoba ‘m’, Ejimbeke Nwakpa ‘m’ and others still at large on the 15th day of February, 2029, at Obeju Eji Community, in Izzi LGA of Ebonyi within the jurisdiction of this Honourable Court did conspire amongst yourselves to commit felony to wit; murder and thereby committed an offence punishable under section 516A (a) of the Criminal Code Cap. 33, Vol. 1, Laws of Ebonyi State of Nigeria, 2009.

“That you Livinus Ovuoba ‘m’, Ejimbeke Nwakpa ‘m’ and others still at large on the 15th day of February, 2019, at Obeju Eji Community, in Izzi LGA of Ebonyi, within the jurisdiction of this Honourable Court did cause the death of one Moses Nwamini ‘m’ by shooting him in the head, with a gun and thereby committed an offence contrary to section 308 and punishable under section 319(1) of the Criminal Code Cap. 33, Vol. 1, Laws of Ebonyi State of Nigeria, 2009.

“That you Livinus Ovuoba ‘m’, Ejimbeke Nwakpa ‘m’ and others still at large on the 15th day of February, 2019, at Obeju Eji Community, in Izzi LGA of Ebonyi, within the jurisdiction of this Honourable Court did conduct yourselves in a manner likely to cause a breach of the peace by shouting at and ordering one Donatus Eji to sit down and that you have dethroned him as village Head, if he refused to step down, you will deal decisively with him and members of his family and thereby committed an offence punishable under section 249(d) of the Criminal Code Cap. 33, Vol. 1, Laws of Ebonyi State of Nigeria, 2009.”

The Defense Counsel, Barr Lewis Akpaja, applied to the court for his clients be admitted to bail.

But the prosecuting counsel, led by DSP Okechukwu, opposed the application on the ground that it was a capital offence and could not be handled at the Magistrate’s Court.

The Chief Magistrate, Chinedu Agama, stressed that his court lacked the jurisdiction to entertain the matter.

Agama directed that the accused persons be remanded in Nigerian Correctional Centre, Abakaliki, while their case file should be transferred to the Director of Public Prosecutions for necessary legal advice.

He adjourned the matter till March 20, 2020, for report of compliance.

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