The Federal High Court sitting in Lokoja, Kogi State on Wednesday adjourned to May 31, a suit seeking the incarceration of the leader of the Peoples Democratic Party (PDP) National Youth Frontier, Austin Okai Usman, on charges bordering on cyber crime.
When the case was called on Wednesday, the prosecution team informed the court that the 13-count charge initially filed against Okai had been amended.
However, counsel to the defendant, Mr. J. S Okutepa (SAN) raised an objection and argued that the freshly amended charges be rejected.
According to Okutepa, the prosecution team had no right to amend the charges prior to informing the court.
He argued that the action contravened Section 216 of the Administration of Criminal Justice Act which stated clearly how a charge can be amended.
“The prosecutor has no power to amend a motion without the approval of the court.
“How can a police officer, who is charged with the responsibility of protecting the life and property of citizens, turn himself to be a judge?” The Defence counsel stressed.
Responding, the lead prosecutor, Inspector Ottowu appealed to the presiding judge to discountenance the argument by the defence team.
Justice Musa thereafter adjourned the case to the 31st of May 2017 for ruling on the preliminary objections.
Comments