The Magistrate Court in Osubi, Okpe Local Government Area, Delta State has brushed aside attempts for an out-of-court settlement initiated by the family of Mrs Divine James Eyefia over the hot water splashed on 13-year-old JSS One student, Peace Enebeli.
The Magistrate after listening to pleas for an out-of-court settlement by counsels present insisted that the matter be heard in court and adjourned the commencement of hearing in the case to Friday, May 26, 2023.
The first drama that played out in court was the observation by the Magistrate that no charges were made against Mrs Divine James Eyefia.
He expressed surprise at the development and queried the process as an anomaly.
He asked, “Why did the Police not bring up a charge”?
Counsels to both parties in court quickly began explaining that the families of Mrs Divine James Eyefia and that of little Peace Enebeli have been meeting to resolve the matter and would appreciate if the case was dismissed to conclude the ongoing out-of-court settlement.
The Magistrate however explained that the position of the counsels will not succeed as the matter was a sensitive one that needed to be properly handled and the facts laid bare.
“I would have refused the woman bail if I had seen the child and the extent of injury inflicted on her the day this case first came to this court,” he said.
Continuing he added, “She is lucky that this case did not come before a female court. I want to hear this case, children are deserving of legal protection”.
After their spirited attempts to have the matter settled out of court, the counsels in their separate submissions stated that the action of Peace Enebeli’s guardian was however most unacceptable.
Addressing the two aunties of Peace Enebeli who were in court, the Magistrate queried why they did not come with any male family member.
He asked them to come to court with some men from the family on the next adjourned date.
Before adjourning, the Magistrate still referring to attempts to settle the matter out of court asked, “Will you take it lightly if this were your daughter”?
The case between the Commissioner of Police versus Mrs Divine James Eyefia will resume at the Magistrate Court Osubi on Friday, May 26, 2023, for a hearing.
