BY Anayo Okoli
A Chief magistrate court sitting in Umuahia, Abia State, and presided over by Israel S. Nwulu, yesterday ordered that Chief Chikara Ugorji, an 84-year-old man, be remanded at Umuahia Federal Prisons for allegedly killing one Sopuruchi Nzedibe.

Ugorji was arraigned on a 2-count charge for allegedly killing  the said Nzedibe with a double barrel gun.

The first count charge read: “That you Ugorji Chikara, ‘m’ on the 30th day of September, 2011 at Ehume Umuopara village, Umuahia South in the Umuahia South Magisterial District, unlawfully killed one Sopuruchi Nzedibe ‘m’ by shooting him with a double barrel long gun thereby committing an offence punishable under section 319(1) of the criminal code, Cap C38 Laws of the Federation of Nigeria 2004, as applicable in Abia State.”

Under the second count charge, Chikara was alleged to have on the same date and place in the aforementioned Magisterial District, “unlawfully had in your possession and your control, a double barrel long gun and thereby committed an offence contrary to section 3 and punishable under section 27(1) (a) (i) of the firearms Act Cap F28 Laws of the Federation of Nigeria 2004 as applicable in Abia State”.

Earlier, the Police Prosecutor, Esther Nwosu, had applied for the substitution of the earlier charges against the accused with fresh charges.

The Chief Magistrate in his ruling after the charges were read out to the accused person, took no plea and no bail granted, and he directed that the case file be forwarded to the State Directorate of Public Prosecution, (DPP) for advice on the matter.

He adjourned the case to December 2, 2011.

“The Police came up with new charges; there was conflicting scenario when the matter was first investigated. The new charges is perfect my Lord, I want you to accept it for the interest of Justice,” the prosecutor said.

But counsel to the accused person, A.U. Kanu, objected and wanted to know under what law the prosecutor sought for the substitution of the charges.

Citing sections, 162, 163, and 167 of the criminal procedure Act, Kanu maintained that the prosecutor’s intention was not to alter the earlier charges r but  to completely change the old charges.

However, in his ruling, Chief magistrate Nwulu reminded the accused counsel that the matter which was yet to commence its pre-hearing stage therefore.

“An amendment can be made in form of substitution or new charges,” he said.

The Chief Magistrate in his ruling after the charges were read out to the accused person, took no plea and no bail granted, and he directed that the case file be forwarded to the State Directorate of Public Prosecution, (DPP) for advice on the matter.

He adjourned the case to December 2, 2011.