The High Court of Justice Ughelli Judicial Division presided over by Justice Onojovwo has discharged an Ughelli-based PDP politician, Hon. Chief Gowon Egoide, accused of sponsoring of an unknown person who said to have allegedly shot at one Mr. David Otega in the bush sometime early last year.
Actual news gathered that after more than three subsequent adjournments, the prosecution could not produce witnesses to give evidence.
The court therefore had no option than to discharge the accused on merit for lack of diligent prosecution.
Fielding questions shortly after he was discharged by the court, Hon. Chief Gowon Egoide stated that the matter started at the eve of the governorship election in March 2023, when the victim including some other persons were involved over a protest on land transactions, that the victim was allegedly shot by yet unknown person.
He stated that few days to the March 18, 2923 Governorship Election, he was in his village campaigning for his party, the PDP when he learnt that some of his brothers were arrested by the Police and taken to the Area Police Command over the shooting of one David Otega in a bush where they were involved in a land transaction.
Speaking further, Chief Egoide said that when an identification parade was carried out at the Area Command, the victim could not identify anybody, adding that the Area Commander had to free his boys and asked the victim to continue searching for the person that shot at him.
Chief Egoide further claimed that he was dissatisfied by the way the Area Command handled the matter and in a bid to frame him up in the matter, some persons petitioned the Nigeria Police Zone 5 headquarters in Benin City, with an allegation that he sponsored the boy who shot the victim.
According to him, he was granted bail from Zone 5 by the Deputy Commissioner of Police in charge of the matter in Benin City after comparing the statements made at the Area Command and at Zone 5. But in spite of that, the State DPP in his report, however advised the matter be charged to court and he was arraigned to High Court I, Ughelli, adding that after more than three adjournments, no prosecution witness was able to come out to sign their witness deposition on oath.
On the basis of that the Court discharged him on merit for lack of diligent prosecution by the State Counsel.
“I’m very happy about today’s victory. The case was struck out on merit. At the initial stage of this matter, I was framed up by some persons in my community. They arrested some of my boys and they took them to the Area Command of the Nigeria Police in March, last year.
“I was in my community campaigning when I learnt that some family who went into the for land matters shot themselves. They framed two of my brothers and I sent another of my brothers to take them on bail. An identification parade was organized by the police but the one who was shot could not identify the culprit. So, they were set free.
“However the same persons petitioned the Nigeria Police Zone 5, Benin accusing me of sponsoring the person who shot David Otega. The Deputy Commissioner of Police who handled the matter, having gone through the statements in the Area Command and that if Zone 5, granted me bail.
“To my surprise, I was told that the State DPP’s report said I should be charged to court. And that has been the situation since last year. But those who were to give evidence for the prosecution could not come out to sign the deposition witness on oath.
“The matter has been adjourned three times and that was why my lawyer Barr. E. Ijewu sought for the striking out of the case for want of diligent prosecution. And so, the judge struck out the matter on merit. Today I’m free and I’m very happy because I’ve been vindicated”, he concluded.
