By Kunle Olasannmi, Abuja
Justice John Tsoho of the Federal High Court in Abuja yesterday transferred to the Port Harcourt division of the court, the charges filed against the Independent National Electoral Commission’s 23 officials who were accused of receiving N360m bribe from Governor Nyesom Wike of Rivers State during the December 10, 2016, re-run election in the state.
The court in his ruling on the notice of preliminary objection filed by the electoral officers challenging the jurisdiction of the court to hear the case in Abuja, held that the charges ought to be filed in the Rivers State capital, Port Harcourt, where the alleged offences were allegedly committed.
Justice Tsoho held that the prosecution was unable to provide any cogent evidence of insecurity in Port Harcourt to justify the filing of the charges in Abuja.
The court held that impression created by the prosecution that there was “pervasive insecurity” and that the city had become ungovernable, provisions of section, was not backed with any evidence.
He also held that the “frightening pictures” attached to the prosecution’s counter-affidavit had no proof of location and time of the incidents, adding that there was no evidence presented to the court to back the claim by the prosecution that there were daily reports of threat by cult groups in the state.
He ruled that in the absence of such evidence, provisions of section 93 of the Administration of Criminal Justice Act 2015 and section 45 of the Federal High Court Act, which both provided that charges must be filed in the area or place where the alleged offences were committed “shall apply.”
The judge then ordered the transfer of the case to Port Harcourt Division of the Federal High Court for the arraignment of the defendants.
All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from LEADERSHIP Nigeria Newspapers. Contact: email@example.com
Sign up for our newsletter
- OPINION21 hours ago
Nnamdi Kanu’s Appearance and My Apology to The Nigerian Army
- HEALTH21 hours ago
3 Common Vaginal Infections You Need To Know About
- NEWS19 hours ago
FG Begins Monthly Payment Of 9,215 NITEL/Mtel Ex-Workers
- NEWS24 hours ago
Train Mows Down Crowd Killing Scores
- COVER STORIES7 hours ago
APC Moves To Stop Further Defections
- NEWS18 hours ago
5 Days After, Fayose Still In EFCC’s Custody
- CRIME24 hours ago
Gunmen Kidnap Traditional Ruler, Wife In Kaduna
- NEWS17 hours ago
Missing General: Army Denies Killing Woman, Warns Against Fake News