Ogbegbe remains in custody as court adjourns for final addresses
By Egufe Yafugborhi
ASABA — The Delta State High Court in Asaba on Wednesday granted bail to four defendants standing trial over the fatal shooting of Oghenemi “Mine” Ogidi in Effurun, Delta State, while the first defendant, ASP Usman Nuhu, popularly known as “Ogbegbe”, remains in prison custody.
The development followed the closure of the defence cases by all five defendants in the trial over the April 26 incident.
The trial judge, Justice Michael Obi, granted bail to the second to fifth defendants — Onoloko Dauroupamo, Okoh Kelechi, Goodluck Kingsley and Omonigho Ahweyevu.
The defendants were members of the Anti-Crime Squad led by Nuhu at the Effurun Area Command of the Nigeria Police Force before they were dismissed by the police authorities following the incident.
Speaking to journalists after Wednesday’s proceedings, counsel to Nuhu, Uche Chibuogwu, said he did not consider it necessary to apply for bail for his client, citing concerns for his safety and the gravity of the murder charge.
“Today, we opened our defence for the first defendant, and we concluded our case. The second, third, fourth and fifth defendants’ counsel did the same, too. The second to the fifth defendants were granted bail because bail applications were filed on their behalf,” he said.
Why We Didn’t Seek Bail for Nuhu — Counsel
Chibuogwu explained that he deliberately refrained from filing a bail application for Nuhu.
“We did not find it necessary filing bail application for the first defendant, one, for his own safety, and secondly, this is a capital offence — offence of murder,” he said.
He acknowledged the loss suffered by the deceased’s family and friends, describing the case as a difficult one to handle as defence counsel.
“Like I said on the 6th of October, the victim, the deceased person, has family, has friends. So, justice is for the deceased, for the society, and for other defendants. Justice should be for all. And this court is a court of equity,” he said.
He added that although the case was difficult, he had a constitutional duty to represent his client.
“For the deceased person, like I said earlier, it’s quite unfortunate. And this defence is a difficult one for me, but I have to do my constitutional duty as a lawyer,” he said.
On the bail conditions imposed on the four defendants, Chibuogwu said their sureties must reside within the court’s jurisdiction, provide evidence of tax payment for three years and valid tax clearance certificates, and deposit their National Identification Number cards with the court.
He said the parties would return to court on November 17 to adopt their final written addresses, after which the court would proceed towards judgment.
Prosecution Explains Bail Decision
The Delta State Director of Public Prosecutions, Tejiri R. Anuwhin, who led the prosecution, also confirmed that all five defendants had opened and closed their defence cases.
Anuwhin said the prosecution had earlier closed its case after calling six witnesses, adding that the defendants subsequently gave evidence and called a witness during their defence.
“So today, the last time we came to court, we (prosecution) closed our case after feeding six witnesses. Today was the turn of the defence to open their case, and the defendants — five of them — opened their defence, gave evidence, and also called a witness they have.
“They also closed their case, and now we’ve adjourned the case to the 17th of November for adoption of final written addresses,” he said.
Explaining why the court granted bail to the second to fifth defendants, the DPP said the offences they faced, which bordered on negligence, carried a maximum prison term of six months.
He noted that the four defendants had been in custody since June 1, adding that the court considered the period they had already spent in detention in reaching its decision.
“So ordinarily, if they were found guilty, they would have almost served that term of imprisonment,” he said.
Anuwhin said the court granted bail on the condition that the defendants produced suitable sureties who would ensure their attendance at subsequent proceedings.
According to him, each surety was required to provide a N2 million undertaking, possess a National Identification Number and reside within the court’s jurisdiction.
He said the parties would adopt their final written addresses at the next hearing, after which the court would adjourn the matter for judgment.
Odogwu Asaaba Faces Rape, Manslaughter Charges
Meanwhile, in a separate case before Justice Obi, content creator Ifeanyi Ogbonna, popularly known as Odogwu Asaaba, pleaded not guilty to a two-count charge of rape and manslaughter over the death of Favour Agbro.
Delta State Solicitor-General, Omamuzo Erebe, SAN, appeared for the state.
Justice Obi adjourned the case until October 28 for the commencement of trial.
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