Aghogho’s counsel, Elohor Chalele-Edafeareadhe told Justice Sani that “It is on record that the Defendant has attempted to meet the bail condition in the past but he was frustrated along the process due to the fact that the bail was excessive.
Justice M. I Sani of the Federal High Court sitting in Warri has fixed February 27, to deliver ruling on the application for bail variation filed by counsel to the Delta State Take-It-Back Movement (TIB) Coordinator, Ighorhiohwu Aghogho, detained for over 20 months over his call to probe child trafficking by government officials in the State.
Aghogho’s counsel, Elohor Chalele-Edafeareadhe told Justice Sani that “It is on record that the Defendant has attempted to meet the bail condition in the past but he was frustrated along the process due to the fact that the bail was excessive.
“This time around, the Defendant's elder brother has deposited to an affidavit that he can take the Defendant on bail with his title deed on with respect to his own landed property.
“The Defendant's elder brother is the best surety to take the Defendant on bail considering the circumstances of the case."
The prosecuting counsel, J. A. Amazing, had earlier filed a process where he annexed a letter from the Federal High Court dated May 17, 2023 marked FHC/WR/92C/2022 and titled ‘Request for Verification Report’ and signed by Obiekwe Ifeoma Benedicta, Principal Registrar II.
Part of the letter addressed to Prosecuting Counsel, Ministry of Justice, Warri, Delta State, stated that "Sequel to the Order of this Honourable Court made on 26/4/2023, we forward the photocopies of the following particulars to ease of reference. (1) Affidavit of means of the Surety Mr. Diamond Palmer (2) Certificate of occupancy with No. DTSR 45857.
"That the prosecution counsel shall within 24 hours of being put on notice and in writing ascertain the residence of the Surety to be in Warri or Sapele Area of Delta State and communicate same to us."
The Prosecuting Counsel had also earlier inform the court orally and through a counter affidavit that the Defendant's former counsel, Kunle Edun, had proposed a settlement process, hence, the grant of the bail on April 26, 2023 without the prosecution opposing the Defendant embarked on a voyage of publication of portraying persons, members of the public, court staff and some prosecutors as evil persons.
Aghogho had in-person told Justice Sani prior that he is not an agent of Saharareporters and he can not be held liable for any publication made by Saharareporters.
Saharareporters gathered that Aghogho’s former counsel, Edun had embarked on the settlement plan without first consulting the Defendant, hence, the Defendant pulled out of the said settlement initiative.
SaharaReporters in May 2023 also reported how the Take It Back Movement planned to picket Delta State Justice Ministry, Judicial Commission Headquarters in Abuja over continued detention of Aghogho.
It was reported that after three weeks, officials of the Federal High Court, Warri Division, commenced a verification exercise to fulfill the conditions of the bail granted to Aghogho.
It was gathered that the verification exercise failed after officials of the Federal High Court, Warri Division, according to TIB, wrote the Delta State Ministry of Land and Survey and the prosecutor in the case, J.A. Amahi, from the Delta State Ministry of Justice to verify Aghogho’s surety's landed property with Certificate of Occupancy (C of O).
The TIB stated that in the course of the verification exercise, the surety was allegedly threatened by the prosecutor to withdraw his intention to stand in surety for Aghogho.
The TIB alleged that the threat was “A new strategy by the prosecutor and the complainant to make it appear that Aghogho was unable to meet the bail condition and to ensure his continued detention in prison custody.”
The Movement said that the surety after being threatened, hired the service of a lawyer to retrieve his documents including the C of O he earlier submitted to the registrar of the Federal High Court, Warri Division.
On the issue of dismissal of cyberstalking charges filed against Aghogho, Saharareporters learnt that on the commencement of the trial of Aghogho on February 2 this year, the trial Judge, Justice M.I Sani, confronted the prosecutor from the Delta State Ministry of Justice, J. A. Amahi, with exhibit CR2, which is the letter annexed to the Notice of Preliminary Objection filed by Aghogho on October 30, 2023 to dismiss the charges on ground of abuse of court process as directed by the Attorney-General of the Federation (AGF).
However, Amahi described the letter from the AGF as a mere advice of the AGF based on Aghogho's own side of the story; a description Aghogho felt amounted to utmost disregard to the legal advice of the AGF by the prosecutor.
Aghogho told Justice Sani that "The charges of cyberstalking is a federal charge and only the AGF has the constitutional powers to file the charges against me and the AGF has advised that the charges be dismissed.”
Aghogho had earlier told Justice Sani that there was neither direct authorisation issued to the lawyer P. N. Etumudon, who filed the charges nor was there legal advice issued by the Delta State Attorney-General to Etumudon directly to file the charges against him.
The court subsequently ruled to hear the application of the Notice of Preliminary Objection filed by Aghogho when giving judgment on the substantive matter.
SaharaReporters learnt that the AGF had been briefed accordingly on the development by Aghogho.