Paul Obiajunwo, Port Harcourt
The Attorney-General of Rivers State has informed the Deputy Controller of Prisons of Federal Prisons , Port Harcourt that the remand order on Hon Ojukaye Flag-Amachree is still subsisting, hence he cannot be released from prison custody despite being granted bail in another suit .
In a letter titled : “RE: Court of Appeal Judgment in Appeal No. CA /PH/ 16CR/ and CA/PH/27CR/2016, ALL BETWEEN ; HON OJUKAYE FLAG-AMACHREE V THE STATE DATED 24TH NOVEMBER , 2016“
to the Deputy Controller of Prisons of Federal Prisons, Port Harcourt , Mrs Florence Fiberesima , Solicitor -General and Permanent Secretary , Ministry of Justice , Rivers State wrote: “I am directed to inform you that the attention of the Honourable Attorney-General of Rivers State has been drawn to the foregoing judgment granting the appellant/accused person bail.
“While we are aware of the order of the Honourable Court of Appeal in APPEAL CA/PH/27CR/2016 granting bail to the appellant/accused person on certain conditions , it must be noted that the decision of the Court of Appeal in APPEAL CA/PH/27CR/2016 only set aside the decision made on 1st July 2016 by the trial court remanding the accused person. The judgment has nothing to do with the subsequent orders remanding the appellant/accused person “.
The Solicitor -General of Rivers State in her letter on behalf of the Attorney General of the State added: “Of prime importance are the proceedings of 26th October 2016 wherein the court ordered the Appellant/Accused person to be further remanded in prison custody.
“In the light of the above development , I am further directed to inform you that the said order is still subsisting , having not been appealed against . The said order of remand made by the Chief Judge of Rivers State in Charge No. PHC/1664CR/2016 is not affected by the above judgment of the Court of Appeal .
“Accordingly , you are please enjoined to uphold the orders of the Chief Judge of Rivers State made on 26th October in Charge No. PHC/1664CR/2016 which is not affected by the judgment of the Court of Appeal in APPEAL CA/PH/27CR/2016”.
In a similar letter to the Deputy Controller of Prisons of Federal Prisons , Port Harcourt , the prosecution counsel , in a letter written by Damilare Adeyemi Esq informed the Prisons Authorities that the remand order on Hon Ojukaye Flag-Amachree still subsists , while the suit will start afresh under Justice Akpugnum where the accused person needs to file a fresh application for bail after his arraignment .