NationalMirror Court rejects Enugu AG’s order to stop suspects’ trial by webmaster on Jul 25, 2013 | Posted under: News Crisis may soon hit the Enugu State judiciary, as a Magistrate’s Court turned down a request by the state Attorney- General and Commissioner for Justice, Anthony Ani, to discontinue the trial of some suspects. A Magistrate’s Court sitting in Awgu Local Government Area of the state yesterday turned down Ani’s letter of nolle prosequi, requesting the court to discharge and discontinue trial of eight suspects charged with criminal conspiracy and assault on the person of the former military governor of Imo State, Commodore Anthony Oguguo (rtd). The suspects are Anthony Udegbu, Joseph Ani, Solomon Egbo (aka Oba), Innocent Okeke, Uchenna Udegbu, Chukwuemeka Uzochukwu, Eric Ulogu and Anthony Obianyo. Magistrate S.O. Okoro asked the prosecutor, Mr. Obiora Nnamani, to read the AG’s letter to the court. Okoro, however, noted that the accused persons the AG wanted discharged had not appeared before the court for the trial since the state instituted the case against them. According to the magistrate, the accused persons had not appeared before the court and wondered how the AG is asking him to discharge them. He stressed that the charge before him is a criminal conspiracy and an assault on the person of Commodore Oguguo in his residence. Okoro said the only time the suspects knew of the case was on April 22, 2013 when he also observed that it was not the proper way of bringing accused persons before a court in a criminal trial. The magistrate said: “Criminal Procedure Act Cap C41 Sec 78 is clear on this or the manner on which criminal proceeding is proffer on accused before a magistrate court. “Proceedings can either institute in a magistrate’s court by upon complaint to the court, whether or not on oath, that an offence has been committed by any person whose presence the magistrate has power to compel, and an application of such magistrate, in the manner hereinafter set forth for the issue of either a summons directed to, or warrant of arrest to apprehend such person.
Posted on: Thu, 25 Jul 2013 07:57:21 +0000
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