Family Of Murdered Actor Prof. Ukeke And Attorney-General Disagrees Over Release Of Suspects!

 

  THE family of Erharuyi Ogbeide (aka Prof.Ukeke), a popular Benin artist who was murdered with another of his colleague and friend, Eghosa Idehen, at the residence of Erharuyi's father in-law in Benin City, on March 9, 2010, and the Attorney General of Edo State, Dr Osagie Obayuwana, have been at loggerhead over the release of the suspects from prison custody.

The father of the deceased Ukeke, Dr Uyi-Ekpen Ogbeide, had in a press conference last week in Benin City, accused the Attorney General of Edo state, Dr Osagie Obayuwana, of obstruction of justice. He also alleged through a letter addressed to Governor Adams Oshiomhole, that the Attorney General was intimidating him with a libel suit, where he is claiming the sum of N25million, adding that his zeal to uncover the killers of his eldest son had pitched him with the Attorney General whom he alleged may have been induced to set the suspects free.

The two artists came as a rude shock to the people of the state. The manner in which the dastard incident occurred was particularly shocking due to the fact that the incident occurred at the residence of the father in-law of the deceased, Chief Omorodion Olaye.

Consequently, Chief Olaye and members of his family became the first suspects, after the police learnt that the children of Olaye were not happy with the marriage, particularly after their sister Victoria, who was married to the deceased, gave Ukeke her jeep.

It was said that Olaye's children felt such gifts from their sister should have gone to them rather than the husband. It was in the midst of this crisis that Ukeke who went to visit his in-laws in company of his fellow artist and bosom friend Eghosa, met his untimely death after some armed men, suspected to be assassins, stormed the house and shot the duo.

After the incident, there was serious protest in Benin City by members of the Arts Council and even youths and parents who knew the artistic prowess of the two.

Legal battle

Following the arrest of the two suspects, Osarumwense Omorodion Olaye and Dorcas Olaye, the police in the state charged the duo to the Magistrate court in Benin City, where they were arraigned for conspiracy to murder. They were subsequently kept in prison custody awaiting trial until their Counsel S.A.Ugah Esq. applied to the High Court for the bail application.

The application was done on April 13, 2010. When the matter went to the High Court, the bail application was refused by Justice Rowland Amaize who directed that they should be remanded in prison until the case is dispensed with. However, the Director of Public Prosecutions (DPP) after a careful look at the case file, said that the evidence against the suspects was not enough for them to continue to be remanded in prison custody. Therefore, they advised the police to carry out further investigation on the matter.

In reaction to Gov Oshiomhole's letter to Obayuwana on Ogbeide's case, dated November 8th, 2010, the DPP through the response signed by Mrs O.S.Uwuigbe, explained that contrary to the claim by the deceased father, that it was the AG who applied for bail on behalf of the suspects at the High Court, it was the Counsel to the suspects, S.A.Ugeh who applied for the bail "and I promptly directed my officers to file a counter affidavit opposing the application for bail. The application was refused as a result of the superior argument put up by my officers…

"The response added however that "after a careful and detailed study of the police duplicate case file sent to the DPP, my officers discovered that the available facts as contained in the duplicate case file will not be able to substantiate a charge of conspiracy and murder against the two suspects and that charging them to court based on the present facts will only amount to waste of time and energy and tax payers funds in the prosecution of a matter where there is no evidence linking the suspects with the offence.

We had to tell the truth and we advised the police to continue with the investigation and emphasized areas of concentration. The police investigation as usual was very shallow in a case as serious as murder". It further pointed out that "even the trial Judge who took the bail application appreciated what was at stake when on the last page of his ruling he stated as follows: "I must conclude my analysis, also observed as settled, the point that a piece of evidence may not be sufficient to convict in the main offence but may be so in consideration of an application for bail. This view was expressed by Uwaifo JSC in the case of Bamaiyi VS State (2001)".

However, Dr Obayuwana arrated to Saturday Vanguard why he took Dr Ogbeide to court and other allegations leveled against him: According to him, " My first contact with this matter was when Performing Artists marched to this office; they claimed to have just left the Magistrate Court, that the matter was adjourned. So they came here complaining that the matter was being adjourned over and over again. That some hanky panky was about to take place. I went downstairs and addressed them.

Those of you who have lived long in Benin City will know that the famous TV programme then, Hotel De Jordan, we were the first set of artists. I was Dr Ajax. If you go to NTA Benin, you will still see my photograph there. I am saying this to tell you that I have some form of identification with artists. So, I came and addressed them. I told them that the Magistrate Court could not hear that matter, that was why the matter is being adjourned until it gets to the High Court which has jurisdiction to hear the matter.

I swore to them that the wicked must not go unpunished. And that time, I had not even seen the files. It was my level of abhorrence as to what transpired, the killing of Ukeke who I admired greatly as a very talented young man. After that, I directed that they should bring me the case file to see what was going on. That file was brought to me at a point when the DPP had already written an opinion. In their opinion, the DPP did not see enough evidence linking the people who were in custody, Dorcas Omorodion Olaye and Osarumwense Olaye to the murder.

Beyond the fact that, the two artists were killed in their house, there was no other evidence. There is no state Counsel that can go to court when the only evidence you have against the accused persons is that the accused persons were killed in the house, without anybody coming up to say while they were there, this gentleman went into his room, brought out his gun and shot them. The facts as presented by the content of the file said they were all drinking when four people came in.

So, it was a case of suspicion that may be they lured Ukeke and Co to their house, informed those they have arranged with to come and kill. Which is not direct evidence it is circumstantial evidence. The case file the police sent to us did not even reveal that they looked at the call log on Ukeke's hand set or the call log on the hand set of Olaye and his wife.

If it was Olaye and his wife that called him to come as some people said that they were recording at the site when somebody called Ukeke. But those who said that were not party to the discussion, they were not party to the discussion.

But if it is true that the suspects are the ones that called him, you will need that independent evidence from the call log of Ukeke's hand set and the suspects handsets. But the police did not do that. Again, while reading the file, I got this information that their daughter who was Ukeke's fiancée, it was learnt that when Ukeke's brother called her and informed her that people had come to shoot Ukeke in the house and he is dead, she was reported to have said "ah so Kennedy still killed Ukeke". Kennedy is her own brother.

I understand that both of them had been having problem over the vehicle she brought which she kept in custody of her fiancée Ukeke. The police did not take any step to get this woman to confirm whether or not that statement was ever made. And in the opinion written by Mr Irenlen, I read his opinion and I underlined some areas. "Victoria said so Kennedy did what he said he will do". There is no statement from the same Victoria to substantiate this allegation. I underlined it with my green pen.

The opinion also said that their handsets were collected from them, it is possible to get the call history on the phone belonging to Mr and Mrs Olaye, the police should investigate and make their findings known. Consequently, it is my humble view that the present fact cannot substantiate a charge of conspiracy and murder against the suspects. They should be released if still in custody.

However, the police should carry out further investigation by looking into the following areas: "by recording a statement from Victoria who is in Italy. The police should obtain the call history of GSM lines of Ukeke and Mr Olaye. To arrest and investigate that Kennedy Olaye who we understand is on the run. To investigate his close associates in the movie industry.

To investigate if the victims belong to any secret cult. This was written by the DPP, Mrs O.S.Uwuigbe. This was my minute: "in addition to the further investigations recommended, the police should also find out the identity of the two young men who accompanied the deceased to the scene of crime and managed to escape the attack of the assailant, please convey this to the police".

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