Rich Arisco: Court grants prayers in bail application

BENIN CITY – A Chief Magistrate in Benin, M.C. Ojobo (Mrs) has granted the prayers in the bail application of one Rich Arisco Osemwingie and Patrick Osabuohien at the sum of One Hundred Thousand Naira each with two sureties in like sum.
The Court also ruled that the two sureties should be residents within the Benin Magisterial District of which one of them should be a serving Permanent Secretary in the State and a Traditional ruler within the Benin Kingdom.
The ruling on the bail application in Charge No MOR/148C/2015 came up yesterday upon the submission by the accused persons’ defence Counsel, G.E. Oiakhena and that of the Attorney-General and Commissioner of Justice, Hon Henry Idahagbon who took over the prosecution of the criminal case.
It would be recalled that the 1st accused person, Rich Arisco Osemwingie, a chieftain of the Peoples’ Democratic Party (PDP) and businessman in Benin City, alongside his brother, Patrick Osabuohien were remanded in prison custody a forthright ago for unlawful coronation of His Royal Majesty Ogiamen of Utantan in Benin Nation.In the six-count charge, the accused persons (Rich Arisco Osemwengie and Patrick Osabuohien) were alleged to have conspired together on the 9th day of September 2015 at No. 97 Sakponba Road in Benin City to commit the unlawful coronation, an offence punishable under Section 517 of the criminal code, Cap 48 Vol 11 laws of the defunct Bendel State of Nigeria 1976 now applicable in Edo State.
The 1st accused person (Rich Arisco Osemwengie) was said to have allowed himself to be installed as His Royal Majesty, The Ogiamen of Utantan Benin Nation, a Traditional Ruler, as well as assumed the Chieftaincy title when he is not a chief, without the approval of the Executive Council of Edo State, an offence punishable under Section 20(2)(b) and 26 (1)(a)(11) of the Traditional Ruler Chiefs Law of Bendel State.
While the 2nd accused person (Patrick Osabuohien) and others now at large carried out the said coronation without the approval of the Executive Council and thereby committed an offence punishable under Sections 20 (2)(a)(b), 26(2)(a) and 249 (d) of the criminal code. They however, pleaded not guilty to any of the count charge.
Appearing for the accused persons, G.E. Oiakhena who led H.O. Osatohanwen and three others prayed the court to grant bail as clients were gentlemen who could not jump bail. He cited Section 118 of the Criminal Procedure, as well as Section 36(5) of the Nigeria Constitution where bail was at the discretion of the court.
In apparent objection, the Attorney General and Commissioner for Justice, Edo state, Hon Henry Idahagbon leading a retinue of Senior Counsel of the Justice Ministry described the 1st accused person as a man of considerable means who has the capacity to interfere in the investigation of the trial as others were still at large.
He also told the court that the offence was tantamount to a traditional coup-de-tat capable of causing breach of peace, unrest and civil disorder in the society. He then urged the court to refuse the bail application. Magistrate Ojobo then adjourned the hearing to 26 October, 2015 for hearing.