Magistrate Court Abuja has fixed January 23 2023 for ruling on criminal charge against Ikenga Imo Ugochinyere by the SA to the Governor on Special Duties, Nze Chinasa Nwaneri.
The matter which was heard at the said Court yesterday, January 17 had the Lawyer to Ikenga made an oral application for Court to stop the criminal charge against his client, relying on FCT High Court ruled which state amongst Others that once leave to apply for judicial review is granted, it acts as automatic stay of proceedings.
Reacting to argument, the Counsel to Nwaneri, Emeka J Nwosu informed the court that criminal trials are governed by the administration of criminal justice act and not high court rules. High Court rules merely governs civil proceedings and it cannot take precedence over ACJA.
He further cited the case of F.R.N V OLISA METUH, where the supreme Court held that no court in Nigeria, including itself can stop criminal trials based on s. 306 of ACJA. Finally, hence the court stated should consider
ugochinyere’s absence from court despite an order for him to appear before him as disobedience and insult to the court and should treat it as wilful contempt and order for a bench warrant for his arrest.
Reacting to both arguments, the court adjourned for ruling on 23rd of January.
Recall that Ugochinyere had accused Nwaneri of being part and parcel of the said Omuma magic where the Governor of Imo State, Senator Hope Uzodinma was accused of registering fictitious names as voters in his Ward.
In a bid to prove his Innocence, the said Nwaneri approached the Court where he prayed amongst others for the Court to compel Ugochinyere to prove his case.
However, Court is expected to give ruling whether or not, the criminal proceeding against Ugochinyere would continue or not.
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