The Nation Newspaper

Tag: Marshal Umukoro

  • 48 prisoners regain freedom in Delta

    The Delta state Chief Judge, Justice Marshal Umukoro has ordered the released 48 awaiting trial inmates from Kwale and Ugwashi-Uku prisons after a routine visit.

    This is contained in a statement signed by the Public Relations Officer of the state high court, Mr Timothy Agbaragu on Monday in Asaba.

    Umukoro said the released inmates were among the 561 remand warrants reviewed from the two prisons.

    He said their release was based on ill health, unjustified long detention in prison and want of diligent prosecution.

    “The purpose of the prison visit is to reiterate government desire to ensure that persons awaiting trial do not spend their whole lives in prison.

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    “The health of inmates should be considered, that is the reason why Emmanuel Chukwudi, 22, who has a cancerous growth on half of his face was released.

    “The health and age of suspects should be looked at because we do not want to support or be part of the process where juveniles are brought here.

    `Juveniles will be released if found in prison and will be sent to remand home in Sapele,’’ he said.

    The chief Judge said the exercise is not meant to throw the prison doors open for persons awaiting trial, especially those who were involved in violent crimes like kidnapping, armed robbery and rape.

    The released Chukwudi, said he has been in Kwale prison since 2016 on the alleged offense of house breaking and stealing, which he claimed to be innocent of.

    NAN

  • Three to spend 63 years over kidnap of Delta speaker’s wife

    An Asaba High Court presided over by the Chief Judge of Delta State, Justice Marshal Umukoro has sentenced three convicts responsible for the kidnap of the wife of the Delta State House of Assembly speaker Mrs. Oborevwori Tobore, to 21 years imprisonment each with hard labour.

    The convicts, Innocent Kpalajo 35, Ejiro Omorere 36 and Festus Okoro 28 were arraigned in May 2011 on a four count charge of conspiracy to kidnap, kidnap, demanding with menace,armed robbery, offences punishable under Sections 516 (a), 364, 406 of the Criminal Code Law Cap. C 21 Vol.1, Laws of Delta State of Nigeria 2006 and section 1 (2)(a) of the Robbery and Firearms ( Special Provisions) Act Cap. R 11.

    The three accused persons pleaded not guilty to the four counts charge.

    The 1st prosecution witness, Mrs. Tobore Oborevwori identified one of her captors as her husband’s driver.

    She told the court that on the 8th of May 2011, at about 1.00pm while driving along Osubi Road after visiting a widow, noticed a gold coloured Toyota Camry car tailing her suddenly ambushed her car.

    She said two men carrying arms came out of the car, took her to the back seat of their car, blindfolded her and drove her to an unknown destination.

    She was later chained hands and legs in a toilet with another female victim.

    She said the culprits dispossessed her of her Toyota Camry car No. DT 688, BlackBerry phone and other personal effects.

    A ransom of N50 million was demanded.

    The Department of State Security was later contacted who used the calls to trace one of them to a hotel at Afiesere where he was arrested, and this later led to the rescue of the victim on 13th of May, 2011 at Okpare-Olomu.

    Justice Marshal Umukoro said he was convinced that the prosecution has established the ingredients of conspiracy, kidnap, demanding by menace and robbery, and accordingly found the three accused persons guilty of the four counts charge.

    The convicts broke down and pleaded for mercy .

    He described the second accused person, who was driver to the present speaker of Delta State House of Assembly as a traitor of the worst kind.

    The Court also ordered the rearrest of one Rotimi Oyewole who bought the stolen vehicle to face trial, and same with Oghenemano Isiah who jumped bail.

  • Delta CJ acquits man over Murder Charge

    Delta State Chief Judge Justice Marshal Umukoro has discharged Mr. Ferdinand Nwachukwu of murder charge after the victim’s father decided to discontinue with the case.     

    Justice Umukoro discharged the accused person standing trial for over three years on the ground that the deceased father, Alloy Amuka, testified on oath that he had forgiven the accused person, and was not interested in the matter.   

    Mr. Nwachukwu, 31, pleaded not guilty to the murder charge.

    He was arraigned on suit no. A/46c/2015 on allegation of stabbing Tochukwu Stanley to death over five hundred Naira.     

    The second prosecution witness testified that Alloy Amuka on December 3, 2015, at about 3 p.m was called on phone that his son fought with someone, and he was being taken to the hospital.

    He further testified that he was advised to wait for the vehicle bringing the son. When the vehicle arrived, he saw the son lying in it, but was told that the son was already dead. The son was thereafter taken to the Federal Medical Centre where he was certified dead.   

    State counsel, Mrs. T.P.I Uriah submitted that though the complainant has declared intention to drop the case, but section 211 of the constitution of the Federal Republic of Nigeria 1999, as amended, it was only the Attorney General who has the power to discontinue a criminal case.

    She argued that the Administration of Criminal Justice Act does not give liberty to criminals to go free.     

    But defence counsel, Mr. Kenneth Oseji urged the court to discharge and acquit the accused person since it would be impracticable for the State to prosecute the case successfully in view of the nominal complainant’s decision to drop the case against the accused, having forgiven him.

    He stressed that the Administration of Criminal Justice Act 2016, enjoined counsel and the court to encourage settlement of criminal matter whether or not it is a felony.     

    Justice Umukoro held that having considered the submission of both counsels, the court should respect the stance of the deceased father, adding that he was reluctantly discharging the accused, not on merit, because the court was confronted with right of the state to protect its citizens, and the right of a father who has forgiven the accused person who snuffed out life from his son.   

    Umukoro ordered that the accused person enter into recognizance of good behaviour for five years in the sum of N500, 000.00 with two sureties in the like sum, one of whom shall be the father after attaching a passport photograph, and a verified residential address.     

    The court further held that breach of the recognizance shall attract a term of three years imprisonment without an option of fine.    

  • Delta chief judge advocates reform of EFCC

    The Delta State Chief Judge, Justice Marshal Umukoro has advocated for an independent department within the Economic and Financial Crimes Commission (EFCC) that will prosecute suspects following conclusion of investigations.

    Justice Umukoro made the call in Asaba-the Delta State Capital when the anti-graft agency, Benin Zone paid him a courtesy call.

    Umukoro described corruption as a cancer which has infected the socio-economic and political fabric of the Nigerian society.

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    He said one of the ways to tame the “monster” is to tailor the operations of the EFCC towards the prosecutorial architecture of England Police and adopted  by the State’s Ministry of Justice where the police  arrest , investigate  and handover to the Crown Prosecution Service for prosecution.

    He said this procedure will reduce the human element vulnerable to corruption, bias and power abuse.

    Justice Umukoro decried media trial of suspects where the EFCC uploads whole proof of evidence unto the social media, thereby jeopardizing unbiased assessment of facts and figures.

    He said no matter the damaging evidence has been uploaded and tested before a court that it becomes evidence.

    Head Operations, EFCC Benin Zone, Mailafa Yakubu said the agency was in Asaba to appreciate the judiciary in the fight against corruption by speedily disposing of cases brought before it.