Rape Allegation: “Disqualify Yourselves from my case”- accused ex-Bayelsa Security aide tells judge, Special Prosecutor

…..as Court fixes Jan 31 for ruling on status

There was mild drama at the Bayelsa State High Court sitting in Yenagoa  yesterday following the refusal of the  former State Security Aide ,Chief Perekeme Kpodoh to open his defense in the case of Rape brought against him by the state government, asking the Presiding Judge, Justice Eradiri and the State Special Prosecutor, Barr. A.S.Arthur to disqualify themselves from handling his case.

Chief Perekeme Kpodoh, through his defence Counsel, Barr. E.G Okele , said though the defence team should have opened Chief Richard Kpodoh’s defence before the Court presided over Justice Eradiri, but the case asking the Presiding ajudge to disqualify himself is before the Court of Appeals and that the State Government Fiat handed to Barr. Arthur to prosecute the accused has expired with his eleviation to Commissioner in the cabinet of Governor Seriake Dickson.

Chief Richard Kpodoh, who was dragged before the State High Court 7 headed by Justice Eradiri last year, is being prosecuted by the Special Prosecutor, A.S.Arthur based on a special fiat handed him by the Governor  Seriake Dickson administration to prosecute violent crimes in the state. 

At the resumed hearing of the Court yesterday , the defence counsel led by Barr. E.G Okele , declined to open its defence citing pending case of appeal at the Appeal Court over the call on the judge to disqualify himself from the trial and the issue of status of the fiat handed the State Special Prosecutor, A.S.Arthur to continue the process on the case due to his elevation as a Commissioner in the state without the renewal of the fiat.

Barr.E.G Okele, the defence Counsel and Special Prosecutor, A.S.Arthur disagreed on the application filed before the Court of Appeal as the reason for not commencing the defence case.

Both counsel also locked horn over the issue of the status of the Special Prosecutor to continue as prosecuting counsel in the alleged Rape case against Chief Perekeme Kpodoh before the Presiding Judge,Justice Eradiri.

The Defence Counsel, E.G.Okele told the Presiding Judge that the Special Prosecutor’s right to appear on the alleged Rape case against Chief Richard Kpodoh was covered by the Fiat from Government,” he was a special prosecutor with a Fiat from the Attorney General. The Fiat does not cover him anymore.if he is to continue,he has to be given a fresh Fiat from attorney general.”

The Special Prosecutor, Barr. A.S.Arthur however defended his position as special prosecutor with an alleged valid Fiat from the office of the State Commissioner of Justice, ” I am still the Bayelsa State special prosecutor.It is in my letter of appointment.it was clearly stated. I still hold the office and does have the disability to appear on the matter. Only the Attorney General can reverse it or when am appointed a margistrate.”

” Even if I become a deputy Governor of the State, I can decide between using the Fiat or not. I am still in the employment of the Government as special prosecutor and Commissioner.”

A claim which threw the Court into uproar as the Defence Counsel threatened to drag the Bayelsa prosecutor, Barr. A.S.Arthur to the Code of Conduct Bereau (CCT) over the alleged collection of double slariea from the state Governor.

Comments

comments