Udoedehe: Court Rules On Jurisdiction Wednesday

The Chief Magistrate’s Court located on Akpan Akpan Udo Street in Uyo, the Akwa Ibom State capital, Southsouth Nigeria, will tomorrow 6 April rule whether it has jurisdiction to entertain hearing in the case brought against Senator James Akpanudoedehe, the Action Congress of Nigeria, ACN, governorship candidate for Akwa Ibom State by the commissioner of police.

Senator Udoedehe was arraigned in suit number ME/MN/43/2011 tagged commissioner of police versus Akpan James Udoedehe on a nine count charge of arson, murder and conspiracy to commit arson and murder.

Chief Adeniji Adekola, the lead counsel for Udoedehe leading a team of twenty nine other lawyers including Professor Yomi Oshibanjo, former Lagos Attorney General and Commissioner for Justice, argued that the magistrate’s court has no jurisdiction to entertain the case.

He opposed the application by the prosecuting counsel, Barrister Raphael Nkem that the charge be read to the accused to take plea on the ground that reading the charge is tantamount to an arraignment because the Magistrate’s Court was the ”wrong venue” for the case.

Citing section 21 section paragraph A to D and of the law that set up magistrate’s court, Chief Adekola argued that the Magistrate’s Court has no power to entertain matters of arson and murder.

He argued that the Akwa Ibom State House of Assembly hurriedly passed a law on the 31st of March tagged “A Law to Amend the Criminal Procedure Law 2000 and Other Related Matters in Akwa Ibom State” solely with the intention to arrest and detain Udoedehe until after the election following the violence that rocked the state on 22 March, 2011.

“They are bad copy cats, they ought to have consulted Professor Oshibanjo who is seated here on how he did it in Lagos State; you cannot enact a law and expect to use it retroactively just to put out your opponent until after election”.

Her said the murder and arson charges were not any different from the treason charges brought against the accused by the Federal High Court in Abuja in which bail was granted by the court but in contravention of court processes, the accused was rearrested with impunity and sent back into detention.

“There is nothing different from what we had in the Federal High Court in Abuja, they only changed some characters and brought it here in Uyo”.

He said the reported slapping of Udoedehe by a security operative in Abuja was supposed to attract the condemnation of the other political parties but they are campaigning as if nothing had happened.

The prosecuting counsel, Barrister Raphael Nkem , citing section 306 and section 315 of the amended law seeking to have Udoedehe detained for the fourteen days stipulated by the amended Akwa Ibom State law said the issue of remanding in custody by the Magistrate’s Court which Chief Adekoya opposed was addressed explicitly in those sections and allows a judicial officer to grant an order for an accused to be remanded in custody for an initial fourteen days “pending investigation and further advice from the Attorney General of the state and if need be an additional fourteen days be added” he submitted.

Magistrate Edet Obot , who throughout the case was excited to have SANs in his court, said he was “learning from them” and accordingly adjourned the matter till 10 am on Wednesday, 6 April for ruling on the issue of jurisdiction while Udoedehe was returned to the Police Headquarters at Ikot Akpan Udoabia.

The court was besieged by teeming supporters of ACN though most prominent members of the party who have since been hunted by the police after the 22 March mayhem stayed away.
By Emma Una/ Uyo