A Makurdi High Court on Wednesday struck out the murder charge against former Special Adviser to Governor Samuel Ortom of Benue State, Arc. Joseph Kyaagba, for want of jurisdiction.
Kyaagba was charged to court for his alleged involvement in the murder of his colleague, Denen Igbana, a Senior Special Assistant to Governor Samuel Ortom on Special Security, who was murdered on April 20, 2016.
The principal suspect in the murder case, Terwase Akwaza, a.k.a Gana, who was declared wanted by the state and still at large had fingered Kyaagba in the murder of Igbana, a development which led to his arrest and prosecution.
But defense counsel led by Bernard Hom (SAN) on Wednesday filed a motion challenging the jurisdiction of the court to entertain the matter and urged the court to strike out same.
Hom stated that no prima facie case was established hence “no case submission.”
“The matter and the charges are not instituted according to the due process of the law,” he said citing Section 185 of the Criminal Procedure Code Act.
“Only the Attorney General of the State can initiate the action or in the alternative, an attorney by leave of court. No such procedure was followed hence the court lacks the jurisdiction to entertain same.
“Nothing was implicated in the evidence before the court to move the accused to enter a defense,” he said.
However, Prosecution led by Solomon Ogah, filed a counter affidavit in opposition to the application by the defense counsel contending that a prima facie case was established and it was immaterial to bring forth the issue of no case submission and submitted that the charges before the court were proper.
Ruling on the application, Justice Theresa Igoche agreed with defense counsel that the case was not initiated by the due process of law.
Igoche posited that no leave of court was sought and obtained for the charges to be endorsed by a person other than the Attorney General of Benue State.
Consequently, she struck out the matter for lack of jurisdiction saying “Flowing from one of the decisions of the Supreme Court held that a court is competent to handle a matter only when it is instituted by the due process of law.
“Therefore, the court lacks the jurisdiction to entertain this matter. It is hereby struck out and the accused person discharged. I cannot delve into the other issues because of lack of jurisdiction.”
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