Posted by Ogochukwu Anioke, Abakaliki | 8 February 2020 | 1,170 times
The Police, on Friday, arraigned the wife of late Chief Fidelis Mbam, former Secretary to Ebonyi State Government, Joy Mbam, on two counts charge of murder and forgery.
According to court records, she was accused of conspiring to kill the husband sometime in 2018 and later forged his will.
However, there was a mild drama in court as the defendant slumped in court after slipping while trying to mount the dock.
The incident forced the Magistrate, Chinedu Agama to call for brief recess to enable her regain consciousness and strength.
When the matter resumed after about 20 minutes recess the charges were read to the defendant after which the Defense Council, Nwakpu Nwode raised an objection on count one which bordered on murder.
He averred that the section 316 which he was charged with provides for definition of murder and did not proffer punishment.
“We are opposed to the strength of the section 316 to infer murder generally. The same Section 316 has no punishment section. We pray your worship to discountenance the section 316 and strike the charge out”, he said.
But the prosecuting Counsel, Innocent Agoye disagreed arguing that the section provided for punishment.
In his ruling, the magistrate agreed with the prosecution that the said section was ambiguous and accordingly struck out the first count.
Thereafter, the second charge was read to the defendant after which she pleaded not guilty to the charge.
The defence council applied for bail urging the court to grant her bail on lenient terms. The prosecuting council did not oppose the bail application.
The Magistrate, in his ruling, granted bail to the accused to the sum of N100,000 with one surety in like terms. He adjourned the matter to 18th February for hearing. (The Nation)
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