Court strikes out criminal case against Maxi Kola
Edo State High Court 2, (Criminal Division) presided over by His Lordship, Justice Efe Ikpomwonba has struck out the six count Charges with Charge number B/CD/166C/17 against a Benin based Activist, Marxi Kola Edokpayi,
The charges bordered on Conspiracy to commit Treasonable Felony, Treasonable Felony, Promoting Native War, membership of unlawful society, publishing defamatory matter with intent to induce and Impersonation
This is sequel to the “Notice of Withdrawal” transmitted to the Honourable Court by the State Counsel dated the 12th day of July, 2018.
The Learned Trial Judge took judicial notice of the Application, struck out the case and discharge him of the charges.
It must be noted that the Human Rights Activist was arrested on the 16th of may, 2018 by more than 30 Police Officers attached to Anti Kidnapping Unit headed by DSP Richard Balogun under the instruction of the then Commissioner of Police, CP Haliru Gwandu and was immediately arraigned before His Worship, P.E Foy-Yamah (Mrs) Chief Magistrate GD11, Oredo Magistrate Court on two count charges that bordered on conspiracy to commit felony to wit; instigating invasion of Nigeria and thereby, committed an offence punishable under section 516 of the Criminal Code and instigating a group of Intellectuals some of who are foreigners to invade the NPDC Office in Benin City, Government House, House of assembly and the Oil producing Communities and thereby committed an offence punishable under Section 38 of the Criminal Code.
His Worship declined jurisdiction to hear the case but ordered that he should be remanded in Federal Minimum Security Prison and the case file duplicated and sent to the Department of Public Prosecution, DPP for a legal opinion.
He was later granted bail by His Lordship Justice Acha of Criminal Court 1 on the 20th day of June 2017.