The Magistrate ruled that he does not have the the power to entertain the matter, noting that the charges against Amachree are capital offences.
On Wednesday, April 20, the Chief Magistrate, I. O. Agbesor, had remanded Ojukaye in prison for till Thursday when it ruled on the issue of jurisdiction.
Amachree, a chieftain of the All Progressives Congress, was arraigned by the Commissioner of Police in the state, Mr. Musa Kimo, for alleged murder of one Mr. Smart Soberekon in his (Amachree) local government.
At the resumed hearing on Thursday, Agbesor ruled that he does not have the the power to entertain the matter, noting that the charges against Amachree are capital offences.
The chief magistrate however stated that by the provisions of the Criminal Miscellaneous Procedure Law of Rivers State section 3 and 4, respectively, he is empowered to to remand an accused person pending the report of the Director of Public Prosecution’s advice. (DPP).
Agbesor, thereby, ordered that the original case file be remitted to DPP as he sent Amachree back to jail till May 4.
“Ordinarily, I would have considered the issues raised by the defence counsel, but based on legal position, Section 3 and 4 of Criminal Miscellaneous Procedure Law of Rivers State, the accused is hereby remanded in prison and the case file be sent to DPP.
“The argument of the defence counsel lacks merit and legal content. So, the defence application is struck out. The original case file be deposited to the court registrar and be remitted to the DPP for advice,” he ruled.
Amachree's lawyer, Mr. Ken Atsuete, however described the ruling of the chief magistrate as wrong because his client's plea has not been taken.