Ojukaye Flag-Amachree : Rivers Attorney-General Informs Prisons Authorities That His Remand Order Still Subsists

Ojukaye Flag-Amachree : Rivers Attorney-General Informs Prisons Authorities That His Remand Order Still Subsists
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 .