
The Officer-in-Charge of Legal Matters at the Command, Mr. James Idachaba, made the disclosure after he applied and withdrew an initial one-count rape charge Police entered against the priest before an Abuja Upper Area Court at Gudu.
The Upper Area court judge, Alhaji Umar Kagarko, had on Monday, remanded Rev. Ochigbo in prison custody, even as he adjourned ruling on the defendant’s application for bail. However, at the resumed sitting, the prosecuting counsel, Chief Superintendent of Police, Mr. Idachaba, persuaded the Upper Area Court judge to hands off the matter for a higher court to take over the trial.
Idachaba, who anchored his application on Section 106 of Administration
of Criminal Justice Act, ACJA, 2015, stressed that the Upper Area Court
was bereft of the requisite jurisdiction to handle the case.
The prosecution told the court that it was the Attorney General of the
Federation and Minister of Justice, Abubakar Malami (SAN), that okayed
the transfer of the matter to a higher court.
Despite objection by the defence counsel, Mr. Godwin Chukwukere, the
court acceded to the withdrawal request. The judge said he had no option
than to strike out the initial First Information
Report before him and discharge the defendant. Nevertheless, the priest
is still in police detention awaiting his arraignment before the high
court.
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