Court Admits Prosecuting State Counsel’s Amended Charge In A Case Involving Ex-NBA Benin Branch Pub. Secretary
By Simeon OSAJIE
A Benin High Court Judge of the Criminal Division, sitting in Edo State has admitted the amended charge in the case involving a former Publicity Secretary of the Nigerian Bar Association, Benin Branch, Douglas Ogbanwa Esq.
Recalled that during the last sitting, the presiding judge, Hon. Justice Williams Aziegbemhin has ruled and ordered the Prosecuting State Council, D. Haruna Esq. to file an amended charge.
The ruling was in view of issues raised on whether or not, plea can be taken in the matter whereas, one of the charges was earlier struck out by the Court and the Prosecution was yet to amend the charge.
Counsel to the Defendant, E. Egharevba, told the court that he had a motion to set aside the ruling made by the Court on the last adjourned date, but the trial Judge, Hon. Justice Williams Aziegbemhin, urged him to go on appeal if he was not satisfied with the Court’s ruling.
The Court emphasized that it should not be seen by members of the public that the Court was trying to prevent the matter from going on, having suffered series of adjournment.
During the sitting on the 2nd April, 2025, the Prosecuting State Council, Orobosa came to court with a fresh charge and the Defendant who now also appeared for himself as the defence council started objecting to the fresh charge that first, he was the day of hearing morning and that he has no proof.
The Prosecuting State Council said the amendment is based on the directive of the court which he (the defendant) is already aware of that no new issue was introduced.
The defendant, Douglas Ogbanwa Esq. further accused the court of bias and that he want the case to be transfer to another court, based on the fact that he doesn’t believe he will get justice in the court.
The presiding judge, Hon. Justice Williams Aziegbemhin ruled that based on the provision of the law which is Section 217 of the Administration of Criminal Justice Law, when a matter is brought before a court, it will be taken immediately and ruled that the defendant will be made to take his plea.
Justice Aziegbemhin further stated that based on the Defendant’s accusation of bias and claimed that he doesn’t believe he will get justice in the court, thereafter return the file back to the judge in the criminal court to assign the matter to another judge. The case was thereafter adjourned.
It would be recalled that the Defendant was initially charged with alleged conspiracy to commit a felony, forcible entry, willful damage, theft, aiding and abetting and forceful ejection.
The prosecution also alleged that the ex-NBA Publicity Secretary stole a stabiliser belonging to Ms Sandra Palmer-Kelvin and also forcefully ejected her from her matrimonial home at 2nd Ugbor Road, G.R.A, Benin City, in January 2023.
