MAGISTRATE COURT IN PORT-HARCOURT REJECTS APPLICATION BY INSPECTOR GENERAL OF POLICE TO RELEASE A MURDER SUSPECT FROM PRISON

A Chief Magistrate Court in Port Harcourt has rejected an application by the Inspector General of Police SOLOMON ARASE seeking to withdraw murder charges against a Chieftain of the All Progressives Congress in Rivers State and former Chairman of Asari-Toru Local Government Area OJUKAYE FLAG AMACHREE.
The APC Chieftain is facing a two count charge of conspiracy and murder of one SMART SOBEREKON in Buguma the headquarters of Asari-Toru local government.
The complainants had alleged that the former Council Chairman OJUKAYE FLAG AMACHREE who was also accused of unlawful possession of fire arms shot and killed SMART SOBEREKON on April 11th 2015.
The Inspector General of Police wants the Magistrate Court to release the suspect from prison custody to allow the police carry out proper investigations on the matter.
The Chief Magistrate ISRAEL AGBESOR in his ruling said the court lacks the power to make an order to withdraw the murder charges and release the accused person from prison custody.
He said the court has become functus officio to it's earlier order remanding the accused person in prison custody for a capital offense which it has no jurisdiction to entertain.
The Chief Magistrate struck out the matter and ordered OJUKAYE FLAG AMACHREE to remain in prison custody following a legal advice by the Rivers State Director of Public Prosecution that a prima facia case of murder was established against the accused person to face his trial at a state high court.
In his reaction, HENRY ODILI counsel to OJUKAYE FLAG AMACHREE disagreed with the ruling of the Chief Magistrate.
Counsel to the murdered person TUBOTAMUNO DICK said the decision of the Chief Magistrate Court was in line with the law.
The APC Chieftain OJUKAYE FLAG AMACHREE was brought to court in full prison inmates uniform under heavy security presence.