By Deborah Onyofufeke
Justice Taiwo Taiwo, of the Federal High Court in Abuja on Monday, declined jurisdiction in a terrorism charge lodged against Emeoyiri Uzoma Benjamin and Okolie Gloria by the Federal Government.
Justice Taiwo, ruled in the matter between the Federal Republic of Nigeria versus Uzoma Benjamin and Gloria Okoli that, though the Federal High Court is one and has unfettered jurisdiction to handle criminal matters, consideration is given to where the offences on which the legal action was commenced and in the case of the matter at hand, he reverted the file to the Chief Judge of the Federal High Court for its transfer to where the alleged crime was committed
Speaking to AljazirahNigeria, Nnaemeka Ejiofor, counsel to Uzoma Benjamin, who is 27yrs, (1st defendant) stated that the defendants were arrested on very spurious charges of being members of the Eastern Security Network and IPOB.
He added saying “They were charged in this court sometime last year after a very long and unlawful illegal detention in IRT, in abattoir section in Abuja. We went through the charges and came to the conclusion that the offences they claimed they have allegedly committed were done in Imo state and not in Abuja.
So we strongly believe that the Federal Government of Nigeria through the Attorney General went on forum shopping, in order words, they were looking for a favourable Judge or a favourable court that would hear the matter and grant them their request and all their prayers.
“So we felt there was need for us to challenge the Jurisdiction of the court, And luckily enough, the court, after going through our submissions and the laws, agreed with us that the authority, the laws, the court that has the authority to hear this matter is that court that is located in Owerri not in Abuja”
Ihensekhien Samuel, Counsel to Okolie Gloria(2nd defendant), the 21 year old, who was allegedly said to be a spy girl, stated that the defendant was detained longer than necessary
He said “ She was detained more than necessary. There are several allegations, counter secured allegations and she was eventually granted bail on level 12 and in spite of the bail that was granted to her, she was not released by the then IGP RT Unit”
Justice Taiwo said the issue of jurisdiction is at the discretion of the court, the court has to consider the location of parties in a matter, the nature of the alleged offences and the place where the offences were committed in determining an application challenging its jurisdiction.
Wike, other PDP governors meet IBB, Abubakar in Minna
He said “I have looked at the charges preferred against the defendants and non of the alleged offences took place outside Imo state. I have nothing before me to show that the defendants be tried in Abuja owing to the issue of insecurity.
“The charges before me showed that the alleged offences took place outside Abuja and, I am of the view that I do not have the territorial jurisdiction to try the defendants here in Abuja. I shall send the file back to the Chief Judge through administrative channel for transfer to the court with territorial jurisdiction to entertain the matter”, the Judge held.
The defendants, in a preliminary objection dated January 1, 2022 prayed the court to decline jurisdiction and dismiss the charge or, in an alternative transfer the case to the Chief Judge for reassignment to another judge to handle.
