Court adjourns suit on Olu of Warri missing crown as Ayiri’s counsel prays for dismissal of prosecutor’s plea for stay of proceedings

The Magistrate Court 2, sitting in Warri, Delta State, on Wednesday, April 20, 2022, adjourned the suit instituted by the Delta State Commissioner of Police against Chief Ayirimi Emami over the alleged missing crown of the Olu of Warri to June 1, 2022

The adjournment followed a botched attempt by the prosecutor’s counsel to argue for stay-of-proceedings on an application brought before the court in the case which had dragged on since last year.

In the last hearing on Wednesday, March 16, 2022, the prosecutor’s counsel, Prof. Abiodun Amuda-Kannike, SAN, was supposed to call PW 1 to continue from where he stopped since January 2022 when the matter first started but failed to do so following heated argument over an attempt to introduce a petition from the palace of the Olu of Warri into the case with Suit No. MW/175/C/2021.

Prof. Amuda-Kannike, SAN, announced appearance as head of the prosecuting team having been granted the fiat by the Delta State Attorney-General and Commissioner for Justice, Isaiah Bozimo, to prosecute the matter on behalf of the state alongside Jolone Ikomi, Esq and two others. Amuda-Kannike’s two motions – one for amendment and the other for accelerated hearing – were objected to by the lead counsel of Ayirimi Emami, Chief Victor Otomiewo, who appeared with Chief Emmanuel Uti, NBA Chairman, Warri, Presley Okojie, E. F, Akporuvweku, O. Edowe, E. S. O. Ogholaja and M. K. Ighomrore.

At the resumed hearing on Wednesday April 20, the lead counsel to the prosecutor, Prof. Amuda-Kannike, SAN, was in court with Chief Robinson Ariyo, Jolone Ikomi and F.J Atie, as co-applicant counsels. He cited section 304 of the Administration of Criminal Justice Act, ACJA, 2017, while praying for stay-of-proceedings of the matter by the court. The motion was, however, vehemently opposed by the lead counsel to Emami, Chief Otomiewo, quoting Section 36 of the 1999 Constitution.

Otomiewo described the Interlocutory application brought by the prosecutor as “incompetent”, saying that there is no provision for interlocutory appeal.

The prosecuting counsel had filled the interlocutory application for stay of proceedings after the court ruled against a motion for transfer of the case from the court to another court over allegation that the magistrate was bias having being thumbed up by the defendant during court proceedings.

“The nominal complainants (WCC) have no right to drag this court negatively. I am working under the directive of the Honourable CJ of Delta State. I don’t know the defendant and have never met him until his arraignment here in this open court. This is clear contempt. This is why I wonder if the learned Silk read this letter before bringing it here and speaking to it. If the prosecution has yet another issue, please go back to the CJ again and complain,” the magistrate had ruled.

Emami’s lead counsel cited Section 477, which forbids interlocutory application, adding that the law has taken care of the motion already brought before the court and noted that the today’s response by Prof. Amuda-Kannike, wasn’t same with the prayers filed in his motion.

Otomiewo further posited: “There’s nothing like Ayirimi as he then was”, maintaining that when an appeal has been entered, no lower court can make further order. He therefore urged the court to dismiss the stay-of-proceedings as sought by the applicant.

His Worship, Ejiro H. Diejomoh (Mrs.), after listening to arguments from the defendant and prosecutor, adjourned the case to June 1, 2022 for ruling on the application for stay-of-proceedings.

Co-defendant counsel of Emami, Chief Emmanuel Uti, said the defendant was ready to defend his case, saying “there’s no case against Chief Emami”.

He said that the complainant(s) were just trying to cause unnecessary delays, filling applications upon applications to delay justice for the defendant. “Chief Ayirimi Emmi is ready and willing to defend this case, he is ready to open it to the whole world to show it clearly that they are trying to tarnish his image but they are just trying to delay him,” he told journalists.

Emami’s legal team strongly dismissed a letter written to the court, by some chiefs of Warri Kingdom, stressing that the said letter was not known by law, adding that, “anybody can’t just write letter to court, except the complainant(s)”.

Spokesperson to the Ologbotsere Descendants worldwide, Comrade Alex Eyengho, stated that those who accused Emami, “are looking for opportunity to stop the trial of the case”. He explained that there are multiple cases about the purported suspension of Emami as the Ologbotsere and insisted that Emami remains the Ologbotsere of Warri until the court says otherwise.