ABUJA – The Abuja Division of the Federal High Court, on Tuesday, gave the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, the nod to prosecute the governorship candidate of the All Progressives Congress, APC, in Imo State, Senator Hope Uzodinma, over allegation that he failed to declare his assets.
The application was however rejected by trial Justice Abang who held that he was minded to give the APC’s flagbearer, another opportunity to voluntarily submit himself for arraignment. Ukpong contended that the AGF could only takeover prosecution of the case after the defendant had entered his plea to the charge against him.In his ruling, trial Justice Abang held that contrary to the position of the panel, under section 174 of the 1999 Constitution, as amended, the AGF, being the chief law officer of the federation, had powers to take over the prosecution of any criminal case at any stage.
Meantime, before the court adjourned the matter till June 3 for arraignment, Uzodinma’s counsel, Chief Olusola Oke, SAN, said his client had filed a preliminary objection to challenge both the competence of the charge and jurisdiction of the court to entertain same. Besides, he contended that only the Code of Conduct Tribunal, CCT, has the jurisdiction to entertain charges bordering on alleged none declaration of assets.
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