Nsan Ndoma-Neji, Calabar
A Calabar High Court sitting in Calabar, the Cross River State capital on Tuesday dragged Assistant Commissioner of Police Rtd. AIG Joseph Mbu to court to stand trial over allegation of murder of one of his kinsmen (name witheld) in one of the communities in Etung LGA of Cross River State.
In a case brought before the court in Suit No: HC/40c/20/2021 presided over by Justice Samuel Manyor Anjoh, for hearing, incidentally the court adjourned the matter to March 16, 2021
Following the resumption of the murder charge pressed against Mbu by the Department of Public Prosecution DPP and issue of jurisdiction of service the matter was rescheduled for March 16, 2022.
At a resumed sitting which took place today at a Calabar High Court presided over by Justice Samuel Manyor Anjoh, of High Court 4 Mary Slessor Avenue Calabar, respondent’s counsel, Barr. Ana Teke argued that the Court lacks jurisdiction to entertain the matter since the offence in question was committed in Etung judicial division of Cross River State high court.qustioning why the accused should be arraigned in Calabar outside where the offense is alleged to have been committed.
In a brief interaction with Journalists at the court premises shortly after pronouncement of adjourment of the matter by presiding Judge, while arguing on the issue of service, Defendant’s Counselt stressed that eventhough the service was done through substituted means,that dosen’t make it sub-standard.
“Serving the accused at the Effraya Town Hall was not the proper thing to do. For a man who stays in Abuja and only visits home,he would have been served where he would see and not at a town hall or court complex”.
The defense counsel however stressed that the Ex-AIG showed appearance in court because of the information available to him by the Department of Public Prosecution,DPP.
Teke who urged the court to grant his prayers so as to also allow the Police carry out a thorough investigation in the Case before prosecution stressing that that is another area which he is challenging the motion against the Prosecution.
When contacted to give an insight of what transpired in court Prosecuting Counsel, Barr. Cletus Adama declined to make comments on his counter motion to the position of the Defence by the AIG.
Recalled that the retired police chief was earlier in June 2021 been dragged to court to stand trial over alleged murder of one Mr. Ayuk Etta Ngon from an Indigene of Bendeghe Ekiem community (which is some few kilometers to Mbu’s village Ajasor) also in Etung LGA of the state.
The former police chief prosecution,the Director of Public Prosecution,Mr. F.I Ititim stated followed a petition to the Attorney General of the State where he was alleged to have murdered the deceased’ late Ayuk Etta Ngon in 2018 for wearing a masquerade.
According to a charge sheet N0. HC/40c/2021 dated June 16,2021 stated, “Mbu will give answer to what happened on December 24,2018 on Ndung Stream Road, Bendeghe-Ekeim where Ngon was murdered”
The sheet stated that Mbu was charged with Murder “contrary to section 319(1) of the Criminal Code,Cap C16,Vol.3,Laws of Cross River State of Nigeria 2004”
The resumed sitting came on heels of a motion exparte by the Claimant’s Counsel, Cletus .Adama on January 17,2022 calling for service on the former AIG through substituted means.
Mbu is also accused of other infractions in Etung local government area as reported by a Judicial Panel of Enquiry.
Continuing, Counsel to the accused (defendant), Barr. Agan Ana Teke, accused the Attorney General AG of Cross River State of trying to usurp the Investigative functions of the the police, even when the power of both Institutions have been spelt out clearly by the constitution of federal republic of Nigeria.
“What actually happened is that, we filed a motion challenging the jursdiction of court to entertain the case based on the fact that the offense and necessary Investigation into the matter has not been conducted by the police before arraigning him in court.
“Those were the bases of our challenge on his defense in sub-state because police did not Investigate any offence.
“The only Director of Public Prosecution DPP’s report which has been attached to the information recommended no Prosecution .And I asked why are you Prosecuting when there is no counter advice by the DPP.
“The same office which recommended no Prosecution is now filing charges against the person.and yet that opinion which recommended no information has not been charged.” The defendant Counsel maintained.
The defendant’s counsel said he was shocked when he noticed that the prosecutor had had made moves to arraign the accused in Calabar High Court out side Etung judicial division of the high court where the purported incident occurred.
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