By Nsan Ndoma-Neji, Calabar
Retired AIG Joseph Mbu on Tuesday challenged the jurisdiction of a Calabar High Court to try him over the allegation of murder levelled against him by the DIrector of Public Prosecution, DPP.
The case was brought before Calabar High Court 4, presided over by Justice Samuel Manyor Anjor, in suit no: HC/40c/20/2021 for hearing.
Mbu was accused of murder in the case brought before the court by the DPP, but unfortunately, the issues of jurisdiction and service of summons subsequently sprang up.
At the resumed sitting on Tuesday at the Calabar High Court 4, respondent’s cousel, Barr. Ana Agan Teke, argued that the court lacks the jurisdiction to entertain the matter, since the offence in question was committed in Etung judicial division of Cross River State, and wondered why the accused should be arraigned in Calabar, outside where the offence is alleged to have been committed.
However, in a brief interaction with media men at the Mary Slessor Avenue premises of the High Court, in Calabar, shortly after the adjourment of the matter till March 16, 2022, by the presiding judge, after counsel to the defendant brought forth an argument that even though the service was done through substituted means, that dosen’t make it sub-standard.
“Serving the accused at the Effraya Town Hall was not the proper thing to do. For a man who stays in Abuja and only visits home, he would have been served where he would see and not at a town hall or court complex.”
He, however, stressed that the retired AIG appeared in court because of the information available to him through the DPP.
Teke, who urged the court to grant his prayers so as to also allow the Police carry out a thorough investigation in the case before prosecution, stressed that that is another area which he is challenging the motion against the prosecution.
Asked for his comments on what transpired in court, the prosecuting counsel, Barr. Cletus Adama, declined to make any comment on his counter motion to the position of the defence put up by the AIG.
It would however be recalled that the former police chief had sometimes in June 2021 been dragged to court to stand trial over the alleged murder of one Mr. Ayuk Etta Ngon, an indigene of Bendeghe Ekiem community, which is some few kilometers to Mbu’s village, Abia, also in Etung Local Government Area of the state.
The DPP, Mr. F.I Ititim stated that following a petition to the Attorney General, AG, of the state where Mbu was alleged to have murdered the deceased, late Ayuk Etta Ngon, in 2018 for wearing a masquerade, a charge, dated June 21, 2016, was preferred against the former police chief, stating that “Mbu will give answer to what happened on December 24, 2018 on Ndung Stream Road, Bendeghe-Ekeim where Ngon was murdered.”
The charge sheet stated that Mbu was charged with murder “contrary to section 319(1) of the Criminal Code, Cap C16, Vol.3, Laws of Cross River State of Nigeria, 2004.”
The resumed sitting came on heels of a motion exparte by the claimant’s counsel, Cletus Adama on January 17, 2022 calling for service on the former AIG through substituted means.
Mbu is also accused of other infractions in Etung Local Government Area as reported by a Judicial Panel of Enquiry.
Continuing, counsel to the accused, Barr. Teke, accused the Attorney General, AG, of Cross River State of trying to usurp the Investigative functions of the the police, even when the power of both institutions have been spelt out clearly by the constitution of Federal Republic of Nigeria.
He said, “What actually happened is that, we filed a motion challenging the jursdiction of court to entertain the case, based on the fact that the offence and necessary investigation into the matter has not been conducted by the police, before arraigning him in court.
“Those were the bases of our challenge on his defence in sub-state because the police did not investigate any offence.
“The DPP’s report which has been attached to the information recommended no prosecution. And I asked why are you prosecuting when there is no counter advice by the DPP.
“The same office which recommended no prosecution is now filing charges against the person, and yet that opinion which recommended no information has not been charged.”
He further said that he was shocked when he noticed that the prosecutor had made moves to arraign the accused in Calabar High Court, outside Etung judicial division of the high court, where the purported incident occurred.
