Unlawful coronation:Edo PDP chieftain,other,granted bail

                                                                  
Rich Arisco Osemwingie, a chieftain of the Peoples’ Democratic Party (PDP)and a businessman,together with Patrick Osabuohien, have been granted bail at a Magistrate court in Benin by Magistrate M.C Ojobo (Mrs) with the sum of N1000 each, with two sureties residing within the Benin Magisterial District of which one  will be a serving Permanent Secretary in the State and a Traditional ruler within the Benin Kingdom.

The ruling on the bail application in Charge Number, MOR/148C/2015 came up upon the submission by the accused persons’ defense Counsel, G.E. Oiakhena and that of the Attorney-General and Commissioner of Justice, Hon Henry Idahagbon ,who took over the prosecution of the criminal case.

It would be recalled that the accused persons, Rich Arisco Osemwingie and his brother, Patrick Osabuohien, were remanded in prison custody for the unlawful coronation of His Royal Majesty Ogiamen of Utantan in Benin Nation.

In the six-count charge, the accused persons were alleged to have conspired together on the 9th day of September 2015, at No. 97 Sakponba Road in Benin City, to commit the unlawful coronation, an offence punishable under Section 517 of the criminal code, Cap 48 Vol 11 laws of the defunct Bendel State of Nigeria, 1976, now applicable in Edo State.

The 1st accused person (Rich Arisco Osemwengie) was said to have allowed himself to be installed as His Royal Majesty, The Ogiamen of Utantan Benin Nation, a Traditional Ruler, as well as assumed the Chieftaincy title when he is not a chief, without the approval of the Executive Council of Edo State, an offence punishable under Section 20(2) (b) and 26 (1) (a)(11) of the Traditional Ruler Chiefs Law of Bendel State,while the 2nd accused person (Patrick Osabuohien) and others now at large carried out the said coronation without the approval of the Executive Council and thereby committed an offence punishable under Sections 20 (2)(a)(b), 26(2)(a) and 249 (d) of the criminal code. They however, pleaded not guilty to any of the charges.

Appearing for the accused persons, G.E. Oiakhena, who led H.O. Osatohanwen and three others prayed the court to grant the bail as their clients were gentlemen, who could not jump bail. He cited Section 118 of the Criminal Procedure, as well as Section 36(5) of the Nigeria Constitution where bail is at the discretion of the court.

In apparent objection, the Attorney General and Commissioner for Justice, Edo state, Hon Henry Idahagbon, leading a retinue of Senior Counsel of the Justice Ministry,described the 1st accused person as a man of considerable means who has the capacity to interfere in the investigation of the trial as others were still at large.

He also told the court that the offence was tantamount to a traditional coup-de-tat capable of causing breach of peace, unrest and civil disorder in the society. He then urged the court to refuse the bail application.
 Magistrate Ojobo then adjourned  hearing to 26th October, 2015.