Attempt by the embattled former secretary of the Ekiti chapter of the
Peoples Democratic Party, Temitope Aluko to quash the order of an
Ado-Ekiti Chief Magistrate Court for his arrest and prosecution for
alleged perjury became futile, as the court struck out his
motion on notice, seeking the setting aside of the warrant of arrest
issued against him on February 3, 2016.
Chief Magistrate Soji Adegboye, while striking out the motion filed by
Aluko's counsel, Mr Niran Owoseni, said it was a mere academic
exercise, time wasting and abuse of court process.
Chief Magistrate Adegboye, gave the order for Aluko's arrest and
prosecution for alleged perjury on February 3, 2016 based on a Motion
Ex-parte number MAD/10cm/2016, filed by the Ekiti State Government
against Aluko and the State Commissioner of Police.
The motion on notice, which was dismissed today, had stalled the
execution of the arrest warrant issued against Aluko.
According to the order, the motion was made in pursuant to Section 117
of the Criminal Code Law, Cap C16, law of Ekiti State 2012, Section 79
of the Ekiti State Administration of Criminal Justice Law 2014 and
Section 23 (D) of the Magistrates' Courts Law 2014.
The Ekiti State police commissioner was joined as second defendant and
was required to execute the order against Aluko.
However, Aluko had through hic counsel, filed a motion to challenge
the jurisdiction of the Chief Magistrate Court to issue the warrant of
arrest against him for allegedly committing the offence of perjury
during an interview on Channel Television.
Aluko's counsel, Owoseni had argued that Section 7 of Magistrate Law,
2014 specified that the magistrate court cannot act outside its
territorial jurisdiction, describing the court action as incompetent
and abuse of court process.
The Director of Public Prosecution (DPP), Mr Gbemiga Adaramola, who
opposed the motion on notice, argued that since the warrant of arrest
was a substantive matter, the ruling had a force of judgment.
While urging the court to strike out the motion, Mr Adaramola posited
that the Chief Magistrate Court lacked jurisdiction to review its own
judgement.
Written by NEWSTRAWL ONLINE UPDATE
Sodiq Oyeleke is a Media, Human Resources, Project Management and Public Relations Practitioner
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