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By Madu Obi
Hearing has been stalled in the case of kidnapping of the Labour Party, LP, governorship candidate in the 2021 Anambra election, Chief Obiorah Agbasimelo, following the absence in court of the defense counsel.
Agbasimelo was kidnapped at Lilu in Ihiala local government area of the state on September 18, , 2021 while returning from a campaign tour in preparation for the November governorship election and he is still missing.
Two persons, Jude Odimegwu and Nwokolo Maxwell, are currently standing trial before an Nnewi High Court over the kidnapping of Agbasimalo.
When the matter came up, counsel to Odumegwu who is the first defendant, Mr Chima Gift, for the second time, was absent in court, a development that stalled the hearing.
There was a similar incident last month when the absence of Thompson Ogueriwù, the counsel to the second defendant, Maxwell, was equally absent, which also stalled the hearing in the matter.
However, the presiding Judge, Justice C.N. Mbonu-Nwenyi informed the court that counsel to the first defendant duly informed the court through a telephone call that he was in Abuja for another urgent matter of national interest and as such could not be present for the kidnap case.
According to the Judge, the court was duly notified about the absence of the first defence counsel, a day before the hearing date, adding that a criminal case of this nature cannot go on without the presence of a defence counsel.
She subsequently adjourned the matter to November 17, 2023 for definite hearing and to enable all the parties be present in court.
In the Suit No.HIH/15C/22, the accused persons, Jude Odimegwu and Nwokolo Maxwell are standing trial for alleged conspiracy and kidnap of Agbasimalo on September 18, 2021 àt Lilu in Ihiala Local Government Area of Anambra State.
The Department of State Service, DSS, had in 2022, arraigned the accused persons before a Magistrate Court sitting in Awka in Charge No. MAW/506/2022 on a two-count charge of conspiracy and kidnapping.
After their charge was read, the court remanded them in prison custody without taking their plea.
The charge by the DSS was that the accused persons had on September 18, 2021, at Lilu in Ihiala Local Government Area of Anambra State, attacked and caused disappearance of the victim, Obiorah Agbasimalo, a Labour Party governorship candidate in the 2021 Anambra governorship elections whose whereabouts is still unknown.
The offences, the prosecution said, were contrary to Sections 495 (1) of the Criminal Code, Cap. 36, Vol. II, Revised Laws of Anambra state of Nigeria, 1991 and 315 (2) (a) (b) (c) of the Criminal Code (Amended) Law of Anambra state of Nigeria, 2009.
The Magistrate Court, while remanding them in prison custody, also ordered the police to transfer the case file to the Director of Public Prosecution for legal advice.
On receiving the case file, the DPP, in turn, came up with the same two-count charge of conspiracy and kidnapping.
In the charge prepared by N.J. Nwankwo, the DPP alleged that while armed with guns and other offensive weapons, the accused persons kidnapped Obiorah Agbasimalo against his will and thereafter demanded for a ransom of N1 million, N5 million and another N1 million totalling N7 million from his family for his release.
The charge said that even after receiving the ransom, the suspects failed to release him till date.
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