Court issues Bench Warrant for the arrest of Jos based medical practitioner, Dr. Odeh

By: Oliver Kum, May 21, 2022

Hon. Lawal Suleimain, the Sole Judge, Upper Area Court Kasuwan Nama on Thursday granted oral Application made by Prosecution Counsel, Alex Mulleng Esq. for a Bench Warrant for the arrest of Dr. Michael Owoicho Odeh.

Odeh, a Jos based medical practitioner has been standing trial on charges bordering on adultery. The matter which has been going on for years was adjourned until today for definite Defence.

However, when the case file was called, the defence Counsel, told the court that the accused was not in court. According to defence Counsel, "The matter has been slated for today for hearing, however, we have filed a notice of Preliminary Objection yesterday and same has been served on the prosecution.

"Regarding the absence of the accused in court, we must humbly apologize because he has been writing examination.

"Hopefully, he would be in court in the next adjourned date but his suretee is in court. My Lord, it's on record that through out the duration of this trial, he has never been absent in court".

PHONES AT WAR

However, Prosecution Counsel Alex Mulleng Esq. vehemently opposed the submission of defence Counsel and drew the attention of the court to its record regarding series of adjournment from 2019 culminating to the last adjournment for today for definite defence.

Counsel further drew the attention of the court regarding flagrant disobedience of its order earlier made to the effect that in addition to filing with the Registry of the court, the defence must availed the Prosecution with the documents they indended to relied on for their defence which they never did.

Counsel for Prosecution further posited that no congent or convincing reasons were advanced nor had any reasonable evidence been placed before the court as to why the defendant was absent for the trial. "The hearing notice was served on them on 22nd April, 2022. Sufficient time. And since there is no congent reason, since there is nothing before this Hon. Court that is convincing to justify the absence of the defendant in Court, I apply that the bail earlier granted the defendant (having been bridged), be revoked and a Bench Warrant issued".

Counsel said her submission was hinged on section 199 and 147 of the Administration of Criminal Justice Law 2018. On the Preliminary Objection, counsel said "It's true that they have filed a P. O but the court clerk served the Prosecution with the P.O today at about 9am.

"My Lord, it is their right to bring any Application before the court but this application cannot stay this criminal proceedings", she said.

Counsel further submitted the necessary citations to support her argument. Counsel for the defence in his submission, stated that though the defendant wasn't in court, however, his suretee was in court stressing that besides, the last two adjournment were done without the consent of the defence.

He further argued that since there was an outstanding P.O, that put on hold any proceeding or action by the court in respect of the case until the P.O was entertained first. Counsel cited Allintah vs FRN reported in 2010 NWLR page 527 part 1191.

In his ruling, the Sole Judge said he wasn't going to touch on issues bordering on the Preliminary Objection since it was not ripe for hearing.

But on the absence of the defendant in court, the judge affirmed the argument of the Prosecution Counsel, revoked the bail earlier granted the defendant and issued a Bench Warrant issued against the defendant. The matter was adjourned until June 16, 2022 for the hearing of the P. O and definite defence.

The matter which is between the Commissioner of Police versus Dr. Michael Owoicho Odeh had its relevant facts hinged on the nominal complainant, Maduabuchi Orji who alleged that Dr. Owoicho had abused his position as a doctor to his family by engaging in an indecent relationship with his wife, Mrs. Sharon Stella Ifeoma Orji.

Dr. Odeh was arraigned on First Information Report (FIR) and was subsequently charged on allegations of offences punishable under section 387 and 389 of the Panel Code.

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