ATTEMPT by police in Akwa Ibom State to arraign 41 persons suspected to be members of the Action Congress of Nigeria (ACN) charged with treasonable felony suffered a setback yesterday following disagreement between the counsel to the accused and the prosecutor over the right arraignment procedure.
And as a result, the judge ordered that the suspects be remanded in prison custody and adjourned the case till April 8, 2011 for hearing on the preliminary objection.
Count One of the charge, which was read to the accused persons alleges "that you and others now at large on the 22nd day of March 2011 at Idongesit Nkanga Secretariat premises Akwa Ibom State, Uyo, Uyo local Government Area in the Uyo Federal High Court did conspire among yourselves to commit felony to wit: treason and thereby committed an offence punishable under section 37 (2) of the Criminal Code Act Cap 38, vol.4 laws of the Federal Republic of Nigeria 2004."
But before the second charge could be read, the defence counsel, Mr.
Francis Ekanem, who led 21 other lawyers to defend all the accused
Persons, objected that the charge as laid by the prosecution was contrary to the provision of section 340 subsection 1,3,4 of the criminal procedure law.
He averred that the sections required that a charge of this nature brought before a Federal High Court or other higher court should be by way of information supported by statements taken from witnesses for the prosecution verified on oath or on the alternative, such information should be prepared by the direction or the consent of the
judge.
The defence counsel further submitted that, since the prosecution had failed to comply with section 340 (4) and section 73 of the institution of criminal proceedings in the High Court and by virtue of section 340 (5), the law allowed the court to squash any information that went contrary to foregoing provisions. He therefore urged the court to strike out the case since it was not a court of summary jurisdiction.
However the prosecuting counsel, Mr. E.O. Ajah urged the court to
discountenance the submission of the defence, stating that section 340 of the criminal procedure law does not relate to the trial at the Federal High Court.
In his averment, he maintained that the procedure at the Federal High Court is a special procedure, adding that the procedure that relates to filing statements of witnesses is strictly for the High Court of a state.
He argued that there is no law that says that a charge before the Federal High Court should be accompanied by statements of witnesses. He submitted that the charge is proper and should be upheld as such.
The trial judge, Justice E. S. Chukwu, ruled that the suspects be remanded in prison custody till April 8, 2011.
Source: Court Remands 41 Suspected ACN Members In Prison (http://www.guardiannewsngr.com/index.php?option=com_content&view=article&id=43481:court-remands-41-suspected-acn-members-in-prison&catid=1:national&Itemid=559)