By Patrick Obia
The Cross River state government has filed murder charges against Senator John Owan Enoh, in suit HC/148C/2019, at the State High Court, Calabar.
The charge sheet, exclusively obtained by CrossRiverWatch, was signed by the Director of Public Prosecutions Ministry of Justice, Cross River State, Gregory I. Okem, Esq, for Attorney General and Commissioner for Justice.
The charges alleged that the accused (John Owan Enoh), did unlawful kill Ayuk Ogar and Tangban Obi Atu on the 16th day of February 2019, at about 11.00 hours at Bendeghe, in Etung LGA.
That the accused, (John Owan Enoh), on the 16th day of February 2019,at about 11.00 hours at Bendeghe, in Etung Local Government, did attempt to unlawfully kill one Clinton Obim ‘M’.”
When the matter came up in court yesterday, the accused was not in court because he has not been served the summons. But lawyer to the accused, Barrister Mba Ukweni SAN, told the court that his client is not running away from the court and he is prepared to stand trial but must be properly served. The State Chief Judge, Justice Michael Edem, in whose court the matter is before, adjourned to July 24th 2019.
While throwing light on the charges against the senator, who ran against Ayade in the last general election, Defence lawyer, Barrister Ukweni SAN, said: The charge is, we call it Information; because it is the Attorney General who will be informing the court that so, so, so and so is charged with the following offences and will state the offense.
“So he wasn’t served. Even the proof of service they brought, the Judge who is hearing the matter, the Chief Judge looked at it and confronted the DPP and asked him to look at the proof of service and asked if he as a judge can act on the proof of service?
When CrossRiverWatch hinted Barrister Ukweni that the Director of Public Prosecution has filed a motion exparte for Senator Owan to be served by substituted means by pasting the summons in his residence at No. 2 John Owan Enoh Close, off Odukpani Road by Global Dulux, Ikot Ansa as well as publishing it in the national dailies, Ukweni, doubted if Justice Michael Edem, will grant that kind of injunction.
“I have discussed with my client, he is not running away from court, he is prepared to come and stand his trial if they serve him because it is the serving of any summon or information that brings the person to court. Without proper service the court cannot have jurisdiction to look into the matter.
“Even if they have filed, I’m not sure the Judge will grant that kind of injunction. It will just be intended to embarrass the man and not for the purposes of serving him. The man is not running away from service. You are accusing the man of murder, we have gone through the proof of evidence and no person said Owan was there, if as I am here any member of my staff or supporter go to kill somebody, will you hold me responsible for that? There is no vicarious liability in crime.”
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