Justice John Tsoho of the Federal High Court, Abuja, has fi xed May 12 to determine whether or not the trial of twenty three offi cials of the Independent National Electoral Commission, charged by the Federal Government will take place in Abuja.
Th e defendants were accused of receiving the sum of N360 million as bribe from the Rivers State Government to infl uence the outcome of the December 10, 2016, rerun election in the state.
Th e offi cials were to enter plea on a 7-count charge on March 14, but the arraignment could not hold due to an application fi led by their counsel challenging jurisdiction of the court to conduct the trial in Abuja instead of Port-Harcourt.
When the matter came up, counsel to the 1st to 20th defendants, Ahmed Raji SAN argued and adopted the application he fi led pursuant to Section 6 of the 1999 Constitution; Section 45(a) of Federal High Court Act; Sections 93, 386 of Administration of Criminal Justice Act 2015. Raji urged the court to decline hearing of the charge on grounds of territorial jurisdiction and seeking, “in essence striking out the charge” or in the alternative, “an order transferring the charge to Port-Harcourt Division of the Federal High Court.
He observed that the exhibits of the complainant marked annextures A,B,C and D, attached to the counter affi davit of the police, and deposed to by one Numa Ganawo Wande, a litigation offi cer in the Offi ce of the Attorney-General of the Federation were mere photographs of dead police offi cers and weapons.
Th e counsel argued that in accordance with the provisions of Section 84 of the Evidence Act, the exhibits are “inadmissible in law” He insisted that a litigation offi cer in the AGF’s offi ce, “is not in a better position to depose to what transpired in Port-Harcourt. He is here in Maitama, and is deposing to an affi davit on events that happened in Port-Harcourt. “My Lord, allowing this will amount to setting a dangerous precedent whereby pictures of alleged crimes will be gathered from diff erent parts of the country and used by the complainant for prosecution.
“Th e litigation offi cer is not the proper person who can bring the affi davit and attachments to court without establishing a link in one way or the other. “My Lord, my humble submission therefore is that the complainant has not placed any credible evidence showing insecurity in PortHarcourt to warrant trial of the defendants in Abuja.”
Opposing the applications, prosecution counsel, Aliyu Alilu told court to discountenance their submissions for lacking in merit. He described as “misconception” the statement of Raji challenging the validity of the counter affi davit deposed to by the litigation offi cer in the offi ce of the AGF.
Alilu clarifi ed the issue by telling the court that the deponent, Wande got his information from the Deputy Commissioner of Police, Dan Okoro, who headed the IGP’s Special Investigation Team on the electoral crisis before, during and after the legislative re-run election in Rivers state on December 10, 2016. Trial judge Justice John Tsoho after listening to the both parties plea, fi xed May 12, for ruling.
