The Chairman of Human and Environmental Construction Agenda, (HEDA Handy resource Centre), Olanrewaju Suraju, has filed a Peep of Preliminary Objections on the Federal Excessive Court docket, Abuja, attempting for to quash costs of cyberstalking proffered in opposition to him by Abubakar Malami.
Venerable Minister of Justice, Bello Adoke, a form of accused of and charged with fraud within the OPL245 rip-off, additionally known as Malabu scandal, had petitioned the police, accusing those within the lend a hand of petitions ensuing in his prosecution for corruption and money laundering of circulating fabricated evidence in opposition to him to unduly incriminate him within the multi-million dollars scandal.
The topic of Mr Adoke’s petition was forgery of an electronic mail whereby Nigeria as a sovereign Sigh was shortchanged to the tune of $1.1billion and HEDA and its world companions dangle been inquisitive about the advocacy for recovery of this money and prosecution of considerable actors within the lend a hand of the heist.
Nonetheless, HEDA and Mr Suraju dangle denied any wrongdoing in a bunch of statements issued on the topic, stating that the objects they were accused of fabricating featured as displays within the Malabu Oil rip-off trials in London and Milan, Italy.
The federal authorities, throughout the place of work of the Attorney Neatly-liked of the Federation, Abubakar Malami, currently filed a four-depend cost in a swimsuit marked FHC/ABJ/CS/370/2021, accusing Mr Suraju of the suppose of his social media handles apart from emails and audio interviews to float into false knowledge on Mr Adoke.
But in a preliminary objection to the swimsuit in opposition to him, Mr Suraju, through his counsel, M.A. BANIRE & Buddies led by Muiz Banire, sought the dismissal of the swimsuit, stating that the court docket lacks jurisdiction to entertain the associated rate in opposition to him.
Among other reliefs sought by the HEDA chairman is an “Affirm quashing the Charge for prior engagement in trial by the media sooner than provider of the Charge on the defendant on the bottom that such act is prejudicial to the specific of the Defendant/Applicant to perfect-attempting listening to”
Among grounds for objections to FG’s swimsuit consist of, “No court docket has jurisdiction to embark on trial for, and no person could well even be charged with or tried for an offence no longer contained in a written law or that doesn’t in every other case constitute an offence on the time of its rate;
“The costs filed in opposition to the Defendant/Applicant attain no longer explain any offence contained in a written law; by the provisions of Part 36(8) & (12) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the jurisdiction of this Honourable Court docket to arraign a defendant over a cost is activated by disclosure of an offence identified to a written law.
“Part 36(12) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) (hereafter merely in most cases known as the Constitution) protects the Applicant from being prosecuted or convicted for an offence no longer jam out in a written law.”
The objection additionally stated that, “This Charge brought pursuant to Part 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015 violates the 1999 Constitution and the African Constitution on Human and Peoples’ Rights and disregards the choice of the Ecowas Court docket in crucial imperatives as jam out in Swimsuit No: ECW/CCJ/APP/53/2018;
“Engagement in media trial sooner than provider of the Charge on the Defendant/Applicant is an act prejudicial to perfect-attempting trial opposite to Part 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); This movement is an abuse of court docket job.”
The objection, which was to be served on the Attorney Neatly-liked and Minister of Justice and the Federal Ministry of Justice, additionally submitted that to arraign the defendant below the display veil counts contained within the Charge Sheet on this topic is to cost him with an offence which is never any longer equipped for by law.
It queried, “How does one depend on an individual to plead to an offence no longer contained in a written law? How does any individual even plead to an offence already declared invalid by a court docket of competent jurisdiction?
“If a defendant can very best be charged with an offence equipped by law, which he desires to take dangle of in repeat to accurately be arraigned, it’s a long way not any longer doubtless to fabricate that below a law that has been declared invalid.
“On or about the eighth to 11th days of October 2021, the Applicant woke up to a barrage of media reports alleging that the Complainant had filed costs in opposition to the Applicant. Even though the purported costs are reportedly directed on the Applicant, at no time sooner than or after the newsletter of the costs which the Respondent filed did the Respondent aid the costs on the Applicant.
“We post that the choice of the Complainant to publicise the Costs in opposition to the Applicant slightly than aid it on the Applicant as required by law was calculated to attain several issues, significantly: to prejudice the mind of the court docket in opposition to the Applicant in deliver that the Court docket, which is never any longer insulated from media reports within the public jam will compose an conception about the costs even sooner than the Applicant appears sooner than Your Lordship”.
“This constitutional stipulation creates a presumption of innocence in favour everyone who is charged with a criminal offence and that such an individual is innocent till he is convicted by a court docket of competent jurisdiction. We post that the malicious newsletter of the costs on this movement by the prosecuting Complainant has violated the provision of portion 36(5) of the 1999 Constitution by negatively prejudicing this court docket and the pool of witnesses to be known as on this case in opposition to the Applicant
“We respectfully bustle Your Lordship to unravel this space in favour of the Applicant and retain that the newsletter of the costs with out serving same on the Applicant breached the Applicant’s appropriate to to take into accounta good listening to, is an are attempting at prejudicing the mind of the court docket, available counsel and the pool of witnesses on this case. We bustle Your Lordship to quash the Charge.
“Accordingly, we bustle this honourable Court docket to claim no jurisdiction on this case and retain that, primarily based on Swimsuit No: ECW/CCJ/APP/53/2018, that Part 24 of the Cybercrimes Act which is the fulcrum of this movement violates the provision of Article 9(2) of the African Constitution on Peoples and Human Rights.”
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