The Rivers State Attorney General and Commission, EMMA AGUMA, has through the State Solicitor General and Permanent Secretary in the Ministry of Justice, written to authorities of the Federal Prisons in Port Harcourt against releasing OJUKAYE from custody.
According to the letter addressed to the Deputy Controller of Prisons, the Commissioner for Justice said the APC chieftain still has a subsisting remand order against him, and cannot be released from prison.
It was noted in the letter that the order of the Court of Appeal granting bail to OJUKAYE only set aside the decision made on 1st July 2016 by the trial court, remanding the accused person.
It further stated that the Appellate Court judgment has nothing to do with the subsequent orders remanding the accused person, based on the proceedings of 26th October 2016.
The State Government maintained that the order of remand made by the Chief Judge of Rivers State, Justice ADAMA IYAYI-LAMIKANRA, was still subsisting, as it has not been appealed against.
But in a telephone interview with our correspondent, EMENIKE EBETE, who is one of the defence lawyers for OJUKAYE FLAG-AMACHREE, said it was not the responsibility of the Attorney General to interpret the ruling of the Court of Appeal to the Prison authorities.
EMENIKE EBETE said the Rivers State Attorney General is free to express his opinion, but his understanding of the ruling of the Appellate Court cannot be binding on the Nigerian Prison Service.
Better still, EMENIKE EBETE asked the Rivers State Government to return to court to seek further clarification from the Appellate Court on the bail granted to his client, OJUKAYE FLAG-AMACHREE.
It may interest you to note that the Rivers State Attorney General is not alone on the opinion that OJUKAYE FLAG-AMACHREE cannot be released from prison remand based on the ruling of the Court of Appeal yesterday.
A statement from the Government House in Port Harcourt disclosed that the Prosecution counsel, DAMILARE ADEYEMI has also been sent to the Deputy Controller of Prisons at the Port Harcourt Prison, advising against the release of the former Chairman of Asari-Toru Local Government council.
