At the resumed hearing on Wednesday, the prosecution council had tendered a letter from the IGP Arase asking for the withdrawal of the case against a chieftain of All Progressives Congress APC, Hon. Ojukaye Flag Amachree for review of the charges.
In the letter, the IGP said the matter was not properly investigated before charging the suspect to court and therefore, should be withdrawn for the sake of justice.
In his ruling, the Chief Magistrate Israel Agbeso said the court cannot grant the request of the IGP following the report of the Department of Public Prosecution, DPP, dated 22nd of April 2016, which he said had indicated a case of murder established against the accused.
The Chief Magistrate, however, struck out the murder charge before him against the accused, following the fact that he has no jurisdiction to hear it.
Agbeso ordered that the defendant should be sent back to prison custody pending when the matter will be filed in a high court.
Speaking to journalists outside the court room, lead counsel to the accused, Henry Odili expressed dissatisfaction over the decision of the court to ordered that his client be sent back to prison after it had struck out the matter.
Odili said he would take all legal means to ensure that his client was released from the prison custody.
On his part, Tubotamuno Dick who is the Lawyer representing the Late Smart Soberekon said the ruling of the court was in order.
The court was flooded with supporters of the All Progressive Congress APC in the state, as well as the family members of the accused person.
The embattled Ojukaye Flag-Amachree, a former Chairman of Asari-Toru was slammed with a two-count charge of murder and felony.
