Paschal Emeka, Abuja Posted 6th December 2024
A senior lawyer of note Izunna Eke Esq has expressed worry over alleged illegalities in the Nigerian judiciary, and called for a remedy of what he described as judicial lawlessness in the country.
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The Senior Lawyer who bared his mind to Journalists in Abuja, disclosed that: “two brothers, Kingsley Ogbonna and Monday Ogbonna, are currently in prison custody because a Federal High Court sitting in Abuja has decided to keep them there and ignored the notice of discontinuance of a trumpped up and raked up criminal charges of terrorism maliciously filed against them in the name of the Federal Republic of Nigeria.
“I do not think Nigerians are happy that we have judicial lawlessness in adjudications,” he lamented.
“The case in question is Charge No: FHC/ABJ/CR/113/2023; Federal Republic of Nigeria vs. Kingsley Ogbonna & Anor. The Defendants have been in prison custody since March 2024 and were arraigned on the 12th of April 2024 on terrorism charges filed against them over a purely civil dispute.
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“On the 6th of November 2024, the Hon Attorney-General of the Federation, who saw no prima facie evidence in support of the bogus charges, decided pursuant to section 174 of the 1999 constitution as amended, to file a notice of discontinuance of the criminal charge against these Nigerians.”
He continued: “In law, the moment a nolle prosequi or notice of discontinuance of criminal charge is filed by the Hon Attorney-General of the Federation or of the State, the business of the court is to strike out the case, but the trial judge has refused to strike out the case.
“He said he wants to rule on the application to discontinue the case. He adjourned ruling from 6th November 2024 to 8th November 2024 despite arguments from Counsel to the effect that the powers of the Attorney General cannot be questioned.
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“On 8th November, 2024, the judge did not sit. The matter was adjourned to 12th November 2024. On the 12th of November 2024, the Court sat and took other cases but failed to deliver the said Ruling on the Notice of Discontinuance and thereafter adjourned off record to the 13th day of November 2024 for the said ruling.
“On the 13th of November 2024, the court sat but again failed to deliver the ruling and thereby adjourned the case to Friday, 22nd of November 2024, for ruling.
“On 22nd November 2024, the Court did not sit. Staff of the Registry informed Counsel that a date for the ruling would be communicated subsequently.
The judge has not sat till date. The Defendants are still in prison custody at the behest of the court that should set them at liberty. All attempts to have the case struck out have been met with all manner of legal sophistries.
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“So, what are the remedies for victims of lawlessness in adjudications.Where are the hopes for remedies by victims of lawlessness in adjudications. Nobody is ready to give victims of judicial lawlessness remedies. What are the remedies available to victims of lawlessness in judicial adjudications.