Court Remands Edo PDP Aspirant, Others In Custody For Attempted Murder

From Jefferson Ibiwale, Benin
A 51-year-old aspirant to the Edo State House of Assembly, along with two others, Nosa Toyaki Adams and Best Ukposisi, were on Wednesday remanded in prison custody by the ‎Evboriaria Magistrate Court for conspiracy and attempted murder. 
The accused persons, along with others now at large, were said to have attempted to murder some group of persons – Ikponmwosa Omoregbe, Victor Omotosor and Eghosa John – when they allegedly shot at them with pump action and cut-to-size guns.
The incident which occurred on November 1 at the Aunty Maria Primary and Secondary School along Siluko Road, Benin City, reportedly caused the victims bodily harm.
The prosecution counsel told the court that the offence committed by the accused persons is punishable under section 320(1) of the Criminal code cap. 48, Vol. II, Laws of the defunct Bendel State 1976 now applicable in Edo State.
During the proceeding, the pleas of the accused persons were not taken as counsel to the 1st accused, Nosa Obaizamomwan argued that the court lacked jurisdiction to entertain the matter.
He also sought for bail for his client,  arguing that Section 118 of the Criminal Procedure Law which deals with the issue of bail, granted the court the discretion which he urged the court exercise in favour of the accused.
The presiding Magistrate, Igho Braimoh, after considering the oral application for bail by the counsel, held that the court actually could not try murder and attempted murder cases, but also reasoned that “if the court cannot try the case, it cannot also grant bail.”
She, therefore, directed the prosecution and the registrar to duplicate the case file and send it to the State Director of Public Prosecution for advice and ordered the accused persons to be remanded in Oko Prison.

The case was thereafter adjourned to November 19 for mention.

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