As part of it pro bono service to the members of the public and fight against human rights abuse, the Nigeria Bar Association (NBA), Benin Branch, Tuesday, April 28 made sudden appearance at Uroukpota mobile court, Benin, to defend five persons who were accused of violating the curfew imposed by Edo State government.
The state government had on Sunday imposed a statewide dusk-to-dawn curfew, which commenced on Monday from 7p.m. to 6a.m. daily.
The defendants, Success Peter, 32,
Peace Doonior, 25, Tunde Mustapha, 35, Monday Ukpowa, 38 and one were accused of violating the curfew imposed by the state government.
Police prosecutor, Linda said three of the defendants were arrested while driving on the highway around 7:55p.m.
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She further said the other two of the defendants were arrested inside a brothel located at Erediawa street, Benin City, at around 8:00pm in the night.
She told the court that the offence contravened the movement restriction order put in place by the state government.
The accused, however, all pleaded not guilty to the charge level against them.
Doonior and Success told the court that they were in their Hotel room at Erediawa street when some police men bursted into their room and arrested them.
READ ALSO: 29 Persons Convicted For Violating Curfew In Benin
The duo told the court that the police prosecutor who claimed to be among the squad that made the arrest was not actually there, adding that they were sighting her for the first time.
Barrister Douglas Ogbankwa, lead counsel to the defendants, and also Public Relations Officer of NBA Task Force on CIVID-19 prayed the court to strike out the charge on no case basis.
He argued that there was no any report or investigation from the prosecutor as of why his clients were arrested, and that there is no where in the Edo State ‘Infectious Diseases (Emergency Prevention) Regulations 2020’, where it’s forbidden that two persons cannot stay in a Hotel, hence the case should be struck out.
On the other hand, defending other three persons who were accused of driving on the high during the curfew hours, Barrister Dennis Osaritin, argued that there was contradiction between the charge file and the evidence as presented by the prosecutor.
READ ALSO: Mobile Court Sentences 29 For Mask, Curfew Violation In Edo
He told the court that his clients were arrested 6:15pm as against the claim by the prosecutor, adding that the three defendants were arrested separately as against claim that they were arrest together on the highway inside a vehicle.
He further argued that going by the contradictions and lies in the charge and the evidence, it will be difficult to rely on such and do justice to the charge hence the charge should be struck out.
Barr. Orobosa Okunbo, State Counsel, however, argued that the case should not be base on charge and evidence, stressing that it’s just an emergency court and not the rugular court where such is taken into cogniaance.
Magistrate Friday Okunbo, find the three suspects guilty of the offence and thereafter convicted them of same offence.
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He sentenced the three offenders who violated the state curfew to two days non-custodial community service with the option of payment of N5,000 fine each.
Barrister Matthew Edaghese, chairman of the NBA Task Force however pleaded to the Magistrate to temper justice with mercy by allowing them to go free, stressing that they must have learnt there lessons with their stay in police custody since the previous day.
Magistrate Okunbo therefore reduced the community service to one day or an option of N3,000 fan payment each, he added that this was to serve as a deterrent to others.
Magistrate Okunbo, however, struck out the charge leveled against Success and Doonior (1st and 2nd defendants respectively) on ‘no case ground’.
Mobile Court set up by Edo State government to hear cases of violation of the Edo State Infectious Diseases (Emergency Prevention) Regulations 2020’, has sentencing violators virtually on daily basis until the NBA came to the rescue of these ones.
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The NBA Task Force that made the appearance was led by Barr. Matthew Edaghese, chairman of the Task Force; Barr. Douglas Ogbankwa, PRO; Barr. Dennis Osaritin; Barr. Victoria, etc.