The letter queried the integrity of the surety who deposed to an affidavit of means while taking Aghogho on bail, claiming that the surety's father - the owner of the registered titled deed - was not dead as against the claim of the surety in his affidavit means deposed to.
The trial of Human Right Activist and Delta State Take It Back Coordinator, Ighorhiohwunu Aghogho will continue on Thursday, June 13, 2024.
SaharaReporters learned that his trial would continue pending an investigation of the Legal Practitioners Disciplinary Committee (LPDC) into the alleged unprofessional conduct of prosecutors from the Delta State Ministry of Justice handling the matter.
SaharaReporters reported that on the last adjourned date, April 18, the trial Judge, Justice I.M Sani read a letter dated April 8, 2024, titled "Further Update on Verification Report in FHC/WR/92C/2022, FRN Vs. Ighorhiohwunu Aghogho," to the hearing of the Defendant (Aghogho) and the former defence counsel, Eloho Chalele Edafearhede (Mrs), in the open court.
The letter was signed by the prosecutor, J.A. Amahi Esq., on behalf of the Director of Public Prosecutions, Delta State Ministry of Justice.
The letter queried the integrity of the surety who deposed to an affidavit of means while taking Aghogho on bail, claiming that the surety's father - the owner of the registered titled deed - was not dead as against the claim of the surety in his affidavit means deposed to.
Aghogho had alleged that the author of the unfiled letter, J.A Amahi Esq., acted unprofessionally in delivering the said letter to the trial Judge.
In a filed petition (originating process) addressed to the Chairman, LPDC, Aghogho had alleged that the prosecutors from the state justice ministry listed as Efe Odogwu Jesin (Mrs), A.L Aikpokpo Martins (Mrs), J.A Amahi Esq, Modupe Olamide Anthony and P.N Etumudon Esq and 1st -5th Respondents respectively in the originating process are legal practitioners duly called to bar with their names on the roll call of lawyers kept at the Supreme Court of Nigeria.
"The listed Respondents conspired among themselves to issue the said letter, addressed to and through the Deputy Chief Registrar of the Federal High Court, Warri Judicial Division to the trial Judge which was not copied and provided at the same time and under the same delivery method to neither the Defendant nor the defence counsel," the petition read.
Aghogho further alleged in the filed petition to LPDC that the 1st-5th Respondents conspired among themselves and did not file an application for an extension of time or sought for leave of court.
He said, despite not filing an application for extension of time, they “unprofessionally submitted the said unfiled letter in the form of an additional report of verification on the surety to the trial Judge in an open court proceedings and was read by the trial judge in the open court to the hearing of the Defendant and defence counsel, wherefore the defence counsel was directed by the trial Judge to respond to the said letter on the next adjourned date and the court further ordered that a copy be made available to the defence counsel”.
He continued, "The trial Judge on March 21, 2024 had ordered the Prosecutor to verify the said Surety's residence within 24hrs and same was complied with and a verification report was submitted to the court by the Prosecutor.
"It was upon the verification report of the Prosecutor and that of the Delta State Ministry of Land and Survey, the Registered Deed submitted by the surety was verified and the Surety screened by the court hence the Defendant was released on bail.
"That at no time, did the court further direct the Prosecutor to submit the unfiled letter as additional report through the Deputy Chief Registrar to the trial Judge."
Aghogho insisted in the petition that the actions of the prosecutors, allowing them to gain unrestricted access to the trial Judge was contemptuous and in violation of the provisions of the Rules of Professional Conduct for Legal Practitioners.
"There are better ways to make claim in court and not through the back door," he said.
Speaking to journalists, the National Organising Secretary of the Take It Back Movement, Comrade Enefaa Georgewill, stated that the surety followed all legal processes before the bail was granted.
Georgewill said, "Aghogho elder brother's titled deed was not registered and rejected by the court. This was why we used and paid someone that the court approved after being verified by the prosecutor. Our organisation will resist any ploy to return Aghogho back to prison through the back door."
Meanwhile, Aghogho's new counsel, M.A. Iyoke Esq. had applied to the court, requesting all documents in connection to the bail granted to Aghogho.
He further prayed the court to verify if the surety was a registered surety by law.