Monday, 12 October 2015
Stringent bail condition: Ogiamen seeks relief in high court
Richard Arisco Osemwengie, the PDP chieftain in Edo state who was remanded in prison custody by an Oredo Magistrates’ Court presided over by Magistrate O.C. Ojobo, for allegedly crowning himself Ogiamien of Utantan kingdom Benin Nation, has failed to meet the stringent bail conditions granted him by the same court.
Consequently, the embattled self-imposed monarch has approached a Benin High Court to mitigate his bail conditions.
The accused was granted bail in the sum of N100,000 and two sureties in like sum who must be a traditional ruler in Benin and a Permanent Secretary in the state civil service.
Arisco Osemwengie and his co-accused, Patrick Osabuohien, were arraigned on a six-count charge of conspiracy to commit misdemeanor and unlawful coronation and were granted bail on 29 September, but have not been able to meet the bail conditions set by the Magistrate court.
Besides his alleged illegal installation as Ogiamien, the accused was said to have dared the Benin Monarchy by carving out his kingdom which was made up of parts of Oredo, Ikpoba-Okha, Uhunmwode and Orhiomwon local government areas.
In a motion on notice filed at the High Court, the two accused persons described their bail conditions as too stringent.
Counsel to the accused persons, O.F. Osemobor, urged the court to grant the application for variation of the bail terms to enable his clients regain freedom.
He said no Permanent Secretary or traditional ruler have agreed to take his clients on bail, adding that they offered to pay the sum of N100,000 but the court refused.
Osemobor therefore urged the court to ‘water down’ the bail condition he described as onerous.
In his reply, State Prosecution Counsel, Oluwole Iyamu, who urged the court to dismiss the motion because there was no fact before court that any traditional ruler or permanent secretary rejected their request, disclosed that there were 43 permanent secretaries in the service and numerous traditional rulers including the ones appointed by Arisco after he was made an Ogiamien.
Iyamu described the arguments presented before the court as opinions of counsel and not material facts.
“There are no facts to support their claims. No step was taken to approach any traditional ruler or permanent secretary. The next day they began a process of seeking for variation. They just concluded that the conditions were difficult,” he said.
The case has been adjourned till 14 October for ruling.
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