A Magistrate Court in Warri, Delta State, has adjourned till June 1, 2023, to hear the charge against Ayiri Emami, brought against him by the state Commissioner of Police.
The court took arguments on application for stay of proceeding.
Lead counsel for the prosecution, Prof. Amuda Kannike, SAN, argued that the application was not challenged since there was no counter affidavit before the court, adding that it implied that paragraphs in the motion had been admitted.
He said application for stay was usually granted on matters bothering on constitutional rights, praying the court to grant the application, as all parties were duly served and there was no counter affidavit before the court.
Counsel to the defendant, Victor Otomewo, said though he had not filed a counter affidavit to the application, he was still prepared to present his argument, adding that Delta State ACJL does not provide for application for stay of proceedings.
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