Crime
Rivers F-Sars Commander ACP Akin Fakorede Gets Kudos Over Conviction Verdict On 3-Armed Robbers After Rivers State Government’s Plea For Exoneration
The rift between Rivers state Governor Nyesom Ezenwo Wike and the Rivers state Commander of Federal Special Anti-Robbery Squad-F-SARS Assistant Commissioner of Police Akin Fakorede since 2016 was on 26th June 2018 put to test when judgment by the Federal High Court Port Harcourt delivered by Honourable Justice Ibrahim Watila finally sentenced three armed Robbers who were arrested on 19th November, 2015 at Ada George Road Port Harcourt in Rivers state by officers of F-SARS. In a twist Rivers state Ministry of Justice in its official conduct while making an input in its legal Opinion requested that the three armed robbers should be discharged and acquitted for all the allegations they were about to enter into standing trial for. But if not the professional training of the F-SARS Rivers state Commander ACP Akin Fakorede who insisted that the suspects Charles Nwaoepi 27-years, Goodnews Kejeh 25 years and Goodluck Inogbo 27-years be tried in the Law court for the offences of armed robbery, murder and illegal possession of Fire arms.
www.towncrier.ng reliably gathered that first the matter was taken before Senior Magistrate Rita C. Oguguo Esq. of Senior Magistrate Court 14 of Port Harcourt Judicial Division Rivers State but the case file PMC/14476/2015 was returned to Director of Public Prosecution-DPP I. Otorubio Esq. in Ministry of Justice Rivers State and he responded quickly on 8th of January, 2016. Earlier before that, Police Interim Investigation Report CR:578/2015 titled “POLICE INTERIM INVESTIGATIVE REPORT IN A CASE OF MURDER, ARMED ROBBERY AND UNLAWFUL POSSESSION OF FIREARM” was made against Charles Nwaoepi a native of Okporowo In Ogbakiri Emohua Local Government Area of Rivers state , Goodnews Kejeh a native of Ugbuator town in Emohua local Government area and Goodluck Wogbo which found them culpable of the allegations and suggested that they be prosecuted in court.
The suspects were caught with one AK 47 rifle No. 2770, One AK 49 rifle No. 44159, one AK2 rifle No. 046484, five magazines, Forty-four(44) rounds of 7.62mm live ammunition and Fifty-five rounds of 5.56mm live ammunition. They were said to have murdered two soldiers No. 06NA/58/4456 Lance Corporal Yohanna Kamuji and 96NA/143/9888Coporal Bello Lazarus all attached to 29 Brigade Bori Camp Port Harcourt in Rivers state. The now convicted armed robbers were said to have robbed Diamond bank located at Trans Amadi Industrial lay out in Port Harcourt on 14th of October, 2015 where they made away with the sum of One Hundred Million Naira-N100m. When they were search at the spot of where they were caught it was discovered that they had with them live ammunitions as the rented home of the gang leader in Mgbuoba axis of Port Harcourt it was also discovered that one round of 7.62mm live ammunition and face mask with some criminal charms.
The Rivers state Director of Public Prosecutor –DPP I. Otorubio esq. concluded that “It is therefore my candid opinion that no PRIMA FACIE case of conspiracy to commit a felony to wit; armed Robbery, armed robbery, illegal possession of firearms and murder contrary to sections 6(b), 1(2) (a) and (b), 3 (1) of Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2010 and Section 319 (1) of the Criminal Code, Cap. 37, vol. 2, laws of the Rivers state of Nigeria, 1999 has been disclosed against all Suspects namely, Charles Emesiobi Nwaoepi, Goodnews Kejeh and the suspect not arraigned or charged to Court, Goodluck Wogbo”.
Interestingly Assistant Commissioner of Police –ACP Akin Fakorede who took over the Rivers State Command of F-SARS in the last quarter of 2016 insisted that in his Interim Investigative Report dated 23rd of November, 2015 said “In view of the overwhelming evidence adduced against the suspect, it is recommended that the suspect be arraigned in Court on charges of murder, armed robbery and unlawful possession of firearms.”
In the contrary view Director of Public Prosecution, DPP I. Otorubio averred that “they were victims of circumstances and mere Suspects. It is a trite law that, suspicion no matter how strong cannot take the place of legal proof without concrete evidence to substantiate same. There is no iota or scintilla of evidence linking the Suspects, especially the 1st and 2nd suspects to the alleged offences they are charged with. Therefore and in view of the above, the suspects namely, Charles Emesiobi Nwaoepi, Goodnews Kejeh should be dropped and they be released from Prison custody forthwith. In the same vain the charge against GOODLUCK WOGBO the suspect not arraigned in court or charged to court should be dropped and he too be released from the police custody”.
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The Prosecution was led by E.E Edet Esq., and the defendants were represented by Chijioke E.amadi esq. www.towncrier.ng in its investigative news reportage hereby refers to the Certified True Copy of the judgment of 26th June, 2018 as delivered by Honourable Justice Ibrahim Watila of Federal High Court of Nigeria Port Harcourt Judicial Division in Charge No: FHC/PH/10c/2016 on page 46 said” From the evidence adduced so far before the court. I am convinced that the prosecution has been able to prove the case of being in possession of firearms without lawful authority. It is utterly baffling to this court from the evidence led all the defendants are from the same Local Government Area of Rivers State, Emohua Local Government Area to the precise. What a coincidence. However, the 1st and 2nd Defendants claimed they do not know the 3rd Defendant. There is ample evidence from the witnesses of the prosecution and the Defendants themselves licking them to the offences charges and the prosecution having proved its case against the Defendants beyond reasonable doubt. I hereby find you Charles Emosiobi Nwaoepi, Goodness Kejeh and Goodluck Wogbo guilty as charged and convict you for the offence of conspiracy to commit felony to wit unlawful possession of firearms punishable under Section 516 Criminal Code 2004 and unlawful possession of Firearms and Ammunition contrary to section 3 and punishable under section 27(1) Firearms Act, 2004. I have listened to the plea for mercy of the convicts herein and I have been guided by the provisions of the law under sections 311, 416, 419 AJA, 2015, the Criminal Code and the Firearms ACT , I hereby sentence you Charles Emosiobi Nwaoepi, Goodnews Kejeh and Goodluck Wogbo for the offence of Conspiracy 7 years imprisonment. And for the offence of unlawful possession of Firearms and Ammunition to 10 years imprisonment. The sentences are to run concurrently. The sentence takes effect from the 19/11/2015.” The learned Judge ruled that exhibits A,b,C,E1-44, F, G-1-44 and H1-55 shall be returned to the Federal Government of Nigeria to be dealt appropriately under the enabling law.”
With the Judgment obtained in positive form ACP Akin Fakorede Rivers State Commander of F-SARS is in high spirit with his SARS command whose diligent service to Federal Republic of Nigeria is making every resident of Rivers state sleep with two eyes closed and goes about their lawful businesses.
