* Says Magistrate’s Court lacks jurisdiction for trial
Alex Enumah
Justice Binta Mohammed of a High Court of the Federal Capital Territory (FCT) in Apo, Abuja, on Monday faulted the arraignment of the spokesperson of the Coalition of United Political Parties (CUPP), before a Wuse Magistrate’s Court, Abuja over alleged defamation charge.
Justice Mohammed, who faulted the arraignment on the grounds that the magistrate’s court lacked the jurisdiction to take the suit, subsequently made an order quashing the entire proceedings made by the magistrate’s court as regarding the suit.
The police had on June 22, 2020 arraigned Ugochinyere at a Wuse Zone 2 Chief Magistrate’s Court in Charge No. CR/12/2020 on allegations of criminal defamation following the report of the Speaker of the House of Representatives, Hon. Femi Gbajabiamila, and the Clerk of the National Assembly.
In the four-count charge preferred against him, the police had claimed that he conspired with others at large to commit an offence of defamation against the Speaker and the entire House of Representatives when he accused them of collecting $10 million in order to pass the Infectious Disease Bill.
He had pleaded not guilty to the charges and was admitted to bail in the sum of N200,000.
However not satisfied, Ugochinyere then applied for a judicial review of his arraignment and scheduled trial before the magistrate’s court on the grounds that the lower court lacked the jurisdiction to proceed with the case which subject matter has been decided by two superior courts.
Specifically, he requested the court to restrain the Wuse Magistrate’s Court from going ahead with his alleged defamation trial.
Delivering judgment in the application, Justice Binta Mohammed held that the magistrate’s court acted without jurisdiction to entertain the matter against Uochinyere.
According to the judgment, the magistrate’s court exceeded its jurisdiction by arraigning the applicant based on a charge that was not properly initiated.
Specifically, Justice Mohammed indicted the lower court for going ahead with the arraignmenr and scheduled trial of Ugochinyere in violation of the orders of a superior court which was not challenged and set aside.
“Jurisdiction is very fundamental and is the life wire of a case. If the court has no jurisdiction to determine a case, all proceedings remains a nullity no matter how well conducted and decided. It followed therefore that the arraignment of the applicant, by the 5th defendant was done without jurisdiction. In the eyes of the law, such proceedings conducted in excess of jurisdiction is a nullity,” the court held.
While she stated that the entire events smacks of disobedience to orders of supperior courts of records, she held that: “On no account should an order of court be flouted so far as the said order subsists and is not varied Judicially or set aside.”
She added: “The exercise of jurisdiction of the 5th defendant against the applicant in charge no: CR/12/2020 was a breach and violation of subsisting orders of superior courts of records and is therefore unlawful, null and void in its entirety until all such orders pronounced by superior courts are set aside.
“An order is hereby made quashing the entire proceedings of June 22, 2020 or any other proceedings thereafter in the charge before Chief Magistrate’s Court, Wuse II, for want of jurisdiction.”
