Court discharges Ortom’s ex-Adviser of murder charges
A High Court sitting in Makurdi has struck out murder charges against a former Special Adviser to the Benue State Governor, Joseph Kyaagba for want of jurisdiction. Kyaagba was dragged to court by the state in 2016 for alleged involvement in the murder of his colleague, Denen Igbana and subsequently was relieved of his position as […]
A High Court sitting in Makurdi has struck out murder charges against a former Special Adviser to the Benue State Governor, Joseph Kyaagba for want of jurisdiction.
Kyaagba was dragged to court by the state in 2016 for alleged involvement in the murder of his colleague, Denen Igbana and subsequently was relieved of his position as Special Adviser on Special Duties to Governor Samuel Ortom.
But, the principal suspect of the murder was allegedly, a militia kingpin, Terwase Akwaza, popularly known as Gana who was declared wanted by both security agencies even as he is still at large.
The court presided by Justice Theresa Igoche, yesterday however ruled on the application filed by defence counsel that the case was not initiated through the due process of law.
Igoche held that no leave of court was sought and obtained for the charges to be endorsed by a person other than the Attorney General of Benue State, stressing that a court is competent to handle a matter only when it is instituted by the due process of law.
Consequently, she struck out the matter for lack of jurisdiction, ruling that, “the court lacks the jurisdiction to entertain this matter. It is hereby strike out and the accused person discharged. I cannot delve into the other issues because of lack of jurisdiction."
Earlier, when prosecution closed his case, defence counsel led by Bernard Hom (SAN), filled a motion challenging the jurisdiction of the court to entertain the matter and urged the court to strike out same.
Hom argued that no prima facie case was established hence that there were no case submission as he also prayed for any further order as the court may deem fit after contending that nothing was in evidence before the court to move the accused to enter defence.
But, prosecution led by Solomon Ogah, appearing with Obi Ogboaka however filled a counter affidavit in opposition to the application by the defence counsel in which he submitted that a prima facie case was established and it was immaterial to bring forth the issue of no case submission.