The accused persons, Osas Osawe, Peter Aruyinmwen, Stephen Osabuohien, Godwin Igbinijesu, Ogbegie Michael, Osaigbovo Ehigiamusoe, Joseph Igbinijesu and others at large, were alleged to have conspired among themselves to demolish buildings of the traditional ruler of Evboewedo (Enogie Osarenogowu Onaghise), and other houses through rioting on November 19, 2012.
An Edo State High Court sitting in Benin, has ordered the state Commissioner of Police, Mr. Funsho Adebanjo to arrest the state Deputy Commissioner of Police in charge of Criminal Investigation Department, CID, Mr. Joshua Ibine, for allegedly releasing accused persons on bail, while their application for bail was pending before the court.
The Deputy Commissioner of Police was also alleged to have flouted the order of the court to produce the accused persons in court when the matter came up for hearing, yesterday.
They are facing an 18- count charge of conspiracy to commit felony, contrary to and punishable under section 516 A of the Criminal Code Act Cap. C38 of the Laws of the Federation 2004, as applicable in Edo State.
Trial judge, Justice J. Oyomire, who gave the order after hearing prosecuting counsel, said: “In view of the refusal, failure and or neglect of the Deputy Commissioner of Police in charge of State Criminal Investigation Department, Benin City, who released the accused persons on bail while their bail pending trial by the defence counsel is still pending and yet to be argued in this court to produce the accused persons in court as ordered on 7/2/2014.
“It is ordered and I hereby order the Commissioner of Police, Edo State, to arrest the Deputy Commissioner of Police in charge of State Investigation Department.”
The judge ordered that upon arrest, the Deputy Commissioner of Police should be brought to his court to explain to the court’s satisfaction, why contempt proceedings should not be brought against him.
“He is to explain where he derived the authority to release the accused persons, whose case is still pending before this court without any consent or authorisation of this court and for his failure to produce the accused persons in court as ordered,” the judge said.