Wale Igbintade
Justice Ambrose Lewis-Allagoa of the Federal High Court in Lagos yesterday struck out an application filed by a former President of the Nigerian Indigenous Shipowners Association (NISA), Chief Isaac Jolapamo, asking the court to restrain the Nigeria Police Force, and the Attorney General of the Federation (AGF), Abubakar Malami (SAN), from arraigning him over alleged illegal possession of firearms.
The Applicant, Chief Jolapamo had approached the court through his lawyer, Mr. Femi Falana (SAN) to seek an order of interim injunction restraining IGP, and AGF either by themselves, servants or privies from arranging him, via charge No. FHC/L/404C/22 alleging illegal possession of firearms at the Federal High Court, Ikoyi, Lagos, pending the final determination of the origination motion.
However, Justice Lewis-Alagoa, in his ruling, ordered the applicant to face his trial before Justice Yelim Bogoro, and challenge the charge filed against him by the police.
Jolapamo had through his lawyer, Falana, argued that the police had already concluded investigation and upon the conclusion of the investigation, the police came to a conclusion that there is no case against the application, and there no prima facie case established against him.
He stated that the charge filed against him is defective, and if the Applicant is arraigned based on his rights to liberty, fair hearing would be violated.
He stated that Section 46 of the constitution empowered the court to protect the rights of any citizen to liberty.
Opposing the application, counsel to the applicant, Anthony Iyeye, submitted that since a charge has been filed before the court, the only option available to the Applicant is to take his plea.
He argued that the Applicant cannot raise an objection as to the validity of a charge, which he has not taken a plea.
He urged the court to dismiss the application as it constituted an abuse of court.
The police had in charge number FHC/L/404c/22 accused the Jolapamo of being in possession of several illegal firearms namely, Mar-22 calibre rifle, pump-action firearm, and a Double-barrel, all without lawful authorisation.
The charges filed against him read: “In the 3-count charge number FHC/L/404c/22 filed before the court, it was alleged that Chief Isaac Jolapamo was in possession of several firearms namely, Mar-22 calibre rifle, pump-action firearm, and a Double-barrel, all without lawful authorisation.
“That you Mr. Isaac Jolapamo ‘M’, sometime in March 2021 in Ikoyi, Lagos State within the jurisdiction of this Honourable Court did commit a felony, to wit; unlawful possession of Mar-22 calibre rifle with reference number 967475; you thereby committed an offence contrary to Section 3, and punishable under Section 27(1)(a)(i) of the Firearms Act.
“That you Mr. Isaac Jolapamo ‘M’, sometime in March 2021 in Ikoyi, Lagos State within the jurisdiction of this Honourable Court did commit a felony, to wit; unlawful possession of Pump-Action with reference number 9331425, you thereby committed an offence contrary to Section 4 and punishable under Section 27(1)(b)(i) of the Firearms Act.
“That you, Mr. Isaac Jolapamo ‘M’, sometime in March 2021 in Ikoyi, Lagos State within the jurisdiction of this Honourable Court did commit a felony, to wit: unlawful possession of Double-barrel gun; you thereby ‘committed an offence contrary to Section 4 and punishable under Section 127 (1)(b)(i) of the Firearms Act.”
Meanwhile, Justice Yelim Bogoro has fixed February 10, 2023, for Jolapamo’s arraignment.
