Court orders arraignment of 23 INEC staff in Port-Harcourt

Independent National Electoral Commission INEC

By Paschal Njoku, Abuja

Justice John Tsoho of the Federal High Court Abuja yesterday ordered that the 23 officials of Independent National Electoral Commission charged before him be taken to Port- Harcourt division of the court for their arraignment.
The officials were initially charged by the Federal Government over allegation of receiving the sum of N360 million as bribe from the Rivers State Government to influence the outcome of the December 10, 2016, rerun election in the state.
However, all the 23 INEC staff opposed the move by the Police to have them prosecuted in Abuja, and subsequently filed an application challenging the court's jurisdiction to hear the matter.
Delivering ruling on the application brought pursuant to Section 93(1) and (2) of the Administration of Criminal Justice Act 2015, and Section 45 of the Federal High Court Act 2004, the court agreed with the submissions of the defence lawyers that trial has to be conducted in the place where the offence was committed.
In dismissing the objection of the complainant, Justice Tsoho held that the police failed to adduce credible evidence to prove high spate of insecurity in Rivers state that could threaten the conduct of the trial.
"The complainant has not tendered any evidence showing pervasive insecurity in Rivers state" the court noted.
The court observed that the video clips and photographs tendered by the police were incidences that happened before the December 10th rerun election.
The officials were to enter plea on a 7-count charge on March 14, but the arraignment could not hold due to the application filed by the accused persons challenging jurisdiction of the court to conduct the trial in Abuja instead of Port-Harcourt.
Counsel to the 1st to 20th defendants, Ahmed Raji SAN had argued and adopted the application he filed pursuant to Section 6 of the 1999 Constitution; Section 45(a) of Federal High Court Act; and Section 93 of Administration of Criminal Justice Act 2015.
Specifically, Raji's application urged the court to decline hearing of the charge on grounds of territorial jurisdiction and seeking, "in essence striking out the charge" or in the alternative, "an order transferring the charge to Port-Harcourt Division of the Federal High Court.
However, in opposition to the applications of the defendants, prosecution counsel, Aliyu Alilu told court to discountenance their submissions for lacking in merit.
He described as "misconception" the statement of Raji challenging the validity of the counter affidavit deposed to by the litigation officer in the office of the AGF.
Alilu clarified the issue by telling the court that the deponent, Numa Ganawo Wande got his information from the Deputy Commissioner of Police, Dan Okoro, who headed the IGP's Special Investigation Team on the electoral crisis before, during and after the legislative re-run election in Rivers state on December 10, 2016.
Contrary to the position of the defendants, the prosecution argued that based on Section 174(2) of the 1999 Constitution, "Challenging the validity of the charge is after plea has been taken.
It was alleged that aside the N360m bribe, N111million and N300,000 were recovered from the 23 electoral officers.
Each electoral officer, the Federal Government claimed, got N15m, while the three senior electoral officers for the senatorial zones received an extra N5m each which brought the total to N360m

Source: People's Daily
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