An Uyo Magistrate’s Court will today determine whether to free Action Congress of Nigeria (ACN) governorship candidate in Akwa Ibom State, Senator John James Udoedehe, who was charged yesterday with murder and arson.
The police brought the case before the court after the Federal High Court and State High Court judges allegedly declined to handle the matter.
Udoedehe had earlier been charged with treason in Abuja but the Federal High Court granted him bail.
The police on Thursday flew the former Minister by helicopter from Abuja to Uyo, the Akwa Ibom State capital. He was slammed with a nine-count charge before Chief Magistrate Edet Obot yesterday.
But the arraignment was stalled following a protest by a 32-man legal team, led by Prof Yemi Osinbajo (SAN) and Niyi Akintola (SAN).
Also yesterday, an Abuja High Court ordered the former Minister of State for the Federal Capital Territory (FCT) to serve the police a Motion on Notice where he is seeking a restraining order against the Police.
Justice T.Y. Yammamma declined a motion ex parte filed by Udoedehe’s lawyer, Mr. Andem Ndem, last Thursday where he prayed the court to restrain the police from re-arresting Udoedehe after he was granted bail by Justice Adamu Bello of the Federal High Court, sitting in Abuja.
Although Thursday’s motion which was assigned by the FCT Chief Judge Justice Lawal Gummi, on Friday could not be heard until Monday, Ndem said his client’s liberty was infringed upon by the police who took him from Abuja to Uyo, where he was hurriedly charged.
In Uyo, the lawyers challenged the competence of the Magistrate’s Court to hear murder and arson charge against Udoedehe.
By virtue of Section 21 of the Magistrate’s Court of Akwa Ibom, Akintola argued, it lacked the jurisdiction to hear the charge.
Since the court lacks the legal powers to hear the case, it cannot make any consequential order, he added.
Judges refused to take the case. Following the decline of Judges of High Court, which is vested with the authority to hear murder cases, the Chief Judge settled for a Magistrate’s Court.
The court room was jam packed with supporters of the ACN candidate, lawyers and journalists.
The entire Fulga street, off Ikot Ekpene road in Uyo, venue of the trial, was jam-packed with friends and supporters of Udoedehe from as early as 6 am, but they were prevented from entering the court by stern looking riot policemen and other security agents.
Akintola said the law under which Udoedehe was charged, was grossly defective and unconstitutional.
Akintola said: “My lord, this is a political case. My client should not be subjected to any inconveniences. In-fact, it will be better if he is kept under house arrest because from all indications, it appears that they want to frustrate him so as to prevent him from taking part in the governorship election.”
He wondered why a law passed by the House of Assembly on March 31, allegedly on the prompting of Governor Godswill Akpabio, will be used for an offence allegedly committed on March 22.
Akintola said the state’s law cannot override the 1999 Constitution which guarantees the liberty of the accused and presumed him innocent.
The law, it was gathered, was passed following official pressure on the Assembly.
The law empowers the governor to detain anybody for up to 30 days for any offence. The detention is also renewable. The House passed the bill same day the governor summoned the Assembly by the legislators who, however, declined to make the law retroactive till January as requested by the Executive Bill.
The motion ex parte declined by the Abuja High Court was brought pursuant to Order 4 of the Fundamental Rights Enforcement Procedure Rules 2009 and the inherent jurisdiction of the Court.
Ndem urged the court to prevent the police from re-arresting and detaining or transferring Udoedehe anywhere else in connection with the violence in Uyo.
He also sought an order releasing the applicant from detention forthwith and any order deemed fit to make by the court.
The matter has been adjourned till April 13 for hearing of the motion on notice.
An ACN campaign train on March 22 came under severe attack in Ikot Ekpene; Nine ACN supporters were shot dead; scores were injured. Udehedehe and his running mate, Dr. Ime Umana, escaped gun shots. The campaign was aborted.
The assailants claimed that apart from the Peoples Democratic Party (PDP), no other party is allowed to campaign in Annang land, with headquarters in Ikot Ekpene, where Akpabio hails from.
After the attack in Ikot Ekpene, there was arson in Uyo for which Udoedehe was arrested and hurriedly arraigned in Abuja.
The Police accused Udoedehe of levying war against the state, with intent to cause such levying of war as would intimidate or overawe the governor.
He was arraigned on a four-count charge of treason before Justice Adamu Bello of the Federal High Court, Abuja, on March 25.
Granting him a N10 million bail with a surety in like sum, Justice Bello held that the Police had no evidence to link Udoedehe to the charge.
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