Justice Ineikade Eradiri of the Bayelsa High Court 7 on
Thursday dismissed the objections raised by Chief Richard Kpodo accused of rape
of a 26 year old female employee.
Kpodo, former aide to Ex-Governor Timippre Sylva had
objected to the continued appearance of Prosecuting Counsel, Andrew Arthur who
was appointed a Commissioner for Special Services in Bayelsa.
Defense team had argued that the prosecuting fiat granted
to Arthur as Special Prosecutor does not cover his present office as a Commissioner.
Counsel to the
accused, Julious Iyekoroghe had appealed
a court ruling on Kpodo’s allegations against trial judge who was accused bias
and urged to disqualify himself from the trial .
Justice Kate Abiri, Chief
Judge of Bayelsa had declined an application brought by Kpodo to have his case
for alleged rape to another judge.
At the resumed trial
on Thursday, Eradiri overruled the objection raised by the defense team and
ruled that the powers delegated to the prosecuting counsel, Arthur as Special
Prosecutor was still valid.
“Having gone through
the fiat given by the Attorney General to the prosecutor, I find nothing in it
that says that the prosecutor cannot continue in his present capacity.
“It is only the
issuing authourity that can revoke it and there is no indication as to that.
“His earlier
appointment as Special Prosecutor for Violent Crimes was a Public Office, and
so is his recent appointment as a Commissioner.
“I therefore rule that
the continued appearance of Andrew S. Arthur is in order through the trial up
to the apex court,” Eradiri said.
Kpodo’s defense team
led by E.J. Okele told the court they will test the ruling at the Court of
Appeal and would not be disposed to continue with the case pending the outcome
of the appeal.
“We had objected to the continued appearance
of the Prosecuting Counsel, and it is our constitutional right to appeal within
the window open to us and we shall be awaiting the outcome of our appeal,” Okele
said.
The judge adjourned the case to February 22 for
the continuation of trial.
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