By Austin Ogwuda
THERE is uneasy calm following the conviction of one Chief Fidelis Ishie, President General of Ebedei in Ukwuani Local Government Area of Delta State by a competent Court of Law and the unfolding drama, thereafter.
The Townhall gathered that a Magistrate’s Court sitting at Obiaruku, Delta State, Nigeria, had on the 2nd of May, 2024, while delivering judgment convicted Mr Fidelis Ishie on offences of criminal blackmail and publication of falsehood to two years imprisonment without an option of fine and was remanded at the Agbor Federal Correctional Centre in Ika South Local Government Area of Delta State.
The matter took a new twist following accusation against the Director of Public Prosecution (DPP) of Delta State Ministry of Justice, Mr Anthony Orhorhoro over alleged gross abuse of office and unauthorised use of authority to secure the bail of a convict, Fidelis Ishie pending an appeal.
Levelling the accusation was Chief Benson Oyemogum of Ebedei-Uno Town, Ukwani Local Government Area, Delta State, who was the Complainant in the Suit No: MOB/50C/2020: Commissioner of Police VS FIDELIS ISHIE filed in 2020, bordering on criminal blackmail and publication of falsehood against him contrary to the Criminal Codes.
Chief Oyemogum had told newsmen that the prosecution of the matter, which lasted for four years to get justice was prosecuted by the Legal Department of the Delta State Police Command, Asaba that finally led to the judgment of the Court convicting Mr Fidelis Ishie on the said offences of criminal blackmail and publication of falsehood sentencing him to two years imprisonment without an option of fine and to be kept at the Agbor prison.
Oyemogun went on to accuse the Delta State DPP of intimidating the Police lawyer to withdraw from the matter and on May 14, 2024, at Magistrate Court Obiaruku announced himself (DPP) as the one conducting the proceedings on behalf of the Commissioner for Police and that he was acting under the powers of the Honourable Attorney General in Section 211(1) of the Constitution of Nigeria, 1999, as Amended.
According to Chief Oyemogum the Delta State DPP canvassed strongly before the court for the Convict be granted bail and that the Convict who had been coming to Court regularly in the last two years and in good health had only within nine days of his conviction developed cardiac-related ailment.
He said Delta State DPP practically took over the case of the Defendant and the Magistrate, in the face of the DPP’s position was said to have granted the Convict bail pending appeal within nine days of conviction.
However, Counsel to the Convict, Mr. J.H. Ijeoma has exonerated the DPP fom allegations, saying that “The DPP is unjustly being criticized by Chief Benson Oyemogum, whose desperation to see Chief Ishie remain in custody is quite evident”.
He condemned the circumstances surrounding Chief Ishie’s conviction by Magistrate Court 2 in Obiaruku, describing it as “grave injustice”, urging the public to dismiss the allegations made by Chief Benson Oyemogum, asserting that Mr. Orhorhoro (DPP) had committed no wrongdoing.
Briefing newsmen at Obiaruku, Ijeoma highlighted Section 211 (2) and (3) of the 1999 Constitution of the Federal Republic of Nigeria (as Amended), which empowers the Attorney General and Commissioner for Justice to oversee criminal proceedings in all State courts, except for Marshall courts.
According to him, “I moved the motion for bail for my client, Chief Fidelix Ishie, pending the hearing and determination of his appeal and it was Magistrate I.B. Showari who granted the bail”.
He emphasized that the Attorney General of Delta State, or Officer of his Department, in exercising his duties, must consider public interest, justice and the need to prevent abuse of legal process with particular reference to the application pending before the Court.
He gave insight into the genesis of the case.
According to him, “Chief Benson Oyemogum was ostracized by the Ebedei community for allegedly disrespecting the Okpara-Uku and the Council of Chiefs by ignoring their summons.
“The decision of the Community he said, was announced by the community town criers to the effect that Oyemogun remained ostracized by the community, adding that his client published the decision reached by the Ebedei council of Chiefs in the community’s WhatsApp platform, which led Chief Oyemogum to petition the Police, resulting in charges of false publication against Chief Ishie.
“Initially, Chief Ishie was acquitted by Chief Magistrate Grade I, Mr. C. Onoyase, at the Magistrate Court in Obiaruku.
“However, the prosecution appealed to the High Court of Justice in Umunede, which ordered a retrial by Magistrate I.B. Showari, leading to Chief Ishie’s conviction.
“I appealed against the judgment as my client was treated like a common criminal and bundled into a van with hands chained and moved from Obiaruku to Agbor Correctional Center.
“When he applied for stay of proceedings pending the hearing of the Appeal, the nominal Complainant insisted that the matter must go on, citing the Administration of Criminal Justice Law of Delta State, saying that there is no provision for stay of execution”, he added.
Source: Additional reports from News Net Nigeria; Onoriode Etatsemi, Public Relations Officer, PRO, Ministry of Justice, Delta State, Nigeria.
