A prominent monarch in Rivers State, King Nemi Oputibeya X, was on Friday remanded in prison custody by a Port Harcourt Chief Magistrates� Court over alleged kidnap of 11 Bulgarians and involvement in cultism.
Oputibeya, who is the Amanyanabo of Okochiri Kingdom in Okrika Local Government Area of the state, was remanded alongside Chief Stephen Opungiriko and Mr. Nathan Alabo, who are also leaders of Okochiri Kingdom. The court�s decision followed an oral application by the Rivers State Director of Public Prosecution, Mr. Rufus Godwins, seeking an order to remand the accused persons in custody until charges were filed against them at the High Court.
In the application, the DPP said the magistrate was empowered under the law to order the remand of suspects in custody pending their formal arraignment before appropriate designated courts. While he agreed that the provisions of the Rivers State Secret Cult Prohibition Law, 2004, did not confer jurisdiction on the court to hear the case, he noted that the magistrate was empowered to remand suspects in custody.
The law provides that only a designated high court judge appointed by the state chief judge can try offences on it. He said the suspects were not being charged to the court but were arraigned before the magistrates� court for an order remanding them in custody. He also referred to Section 305 (1) of the of the Rivers State Criminal Procedure Law, which empowered the magistrate to remand people in prison custody.
Godwins also referred to the ruling of the Supreme Court in the case between Lufodeju and Bayo Johnson, 2007 (NWLR) where it was held that a magistrate could remand suspects even though he lacked jurisdiction to hear their cases.
But counsel to the three accused persons, Mr. M.F. Awara, kicked against the application, saying that the fundamental rights of his clients would be violated if it was granted. Awara argued that the law did not recognise a holden charge and that the magistrate lacked the power to remand accused persons in a matter over which he did not have jurisdiction.
He said since the court lacked the jurisdiction to try his clients, it would be unconstitutional for it to order them to be remanded in custody. The presiding Chief Magistrate, Mr. Letam Nyodee, while ruling on the application, said that although the court lacked jurisdiction in the case, he was empowered by law to remand suspects.
He ordered the monarch and two others remanded in prison custody till January 16, 2008.
Dec222007