By Vivian Okejeme
Abuja
Three serving Justices of the Court of Appeal accused of conspiracy and theft of N8.93billion by a businessman, Alhaji Abdulrauf Tijani and a firm, Tundokun Invest Co.ltd, have asked the Supreme Court to dismiss a private complaint filed against them.
The plaintiff had prayed the apex court that Justice Jumai Hannatu Sankey, Justice Onyekachi Aja Otis and Justice Joseph E. Ekanem, flagrantly disregarded both constitutional and statutory laws and engaged on official corruption, contrary to section 98 :(1)(b) (1-ii) S.126(1)and 519 of the Criminal Code Act CAP. C 38 of law of the federation in a matter currently before the court.
In the objection, Justice of the Appeal Court said that “the purported private complainants’ charge sheet is incompetent, frivolous and an abuse of court process” and should be dismissed.
He averred that “the charge is incompetent, ab-initio, having been commenced on grounds unsupportable by any law, adding that the complainants’ charge sheet lacks Attorney General of the Federation and Minister of Justice’s endorsement of decline of interest to prosecute.”
They are also contending that the purported complainants charge sheet is incompetent as it failed to state the time and the exact place the offence was committed none did it stated the offence the purported accused persons committed.
The three justices are also contending that the purported private Complainants’ Charge Sheet not having the support of the State, is statute- barred; and ought to be dismissed, particularly as the facts regarding the private charge emanated from activities carried out in Lagos State where the right of a private prosecutor is limited to charges of perjury, which is not the case in the instant matter.
In a four paragraph affidavit with sub section (a) to (u) deposed to in support of the objection by Mrs. Hannah Agbata , litigation secretary in the law firm of Chukwuma- Machukwu Ume SAN & Co, the deponent said she verily believed Rev. (Barr) Sunday O. Olabode of counsel who informed her that he personally carefully studied the purported private complainants charge sheet and “that the justices acted in furtherance of their judicial duties.
The Justices therefore prayed the court to dismiss the private complainants charge in the interest of justice.
