Federal High Court strikes out charges against journalist, describes it meaningless
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By Akpan David, Calabar
Honourable Justice Rosemary Oghoghorie of Court 2 Federal High Court , Calabar Judicial Division has described the 6- count charges charges filed against the Journalist, Edet Okpo, Editor- In- Chief, Mandate Watch Newspaper and member of State Working Committee of Nigeria Union of Journalists,(NUJ),Akwa Ibom State Council as meaningless.
Justice Oghoghorie has therefore struck out charges in suit no FHC/CA/51c/2020 between Inspector General of Police and Edet Okpo because they were badly articulated, and poorly drafted just to punish the defendant
She added that the prosecutors and complainant only succeeded in wasting time of the court for two years.
The legal battle was between Inspector General of Police and Edet Okpo on charges of alleged defamation and cybercrime reported to Zone 6 Police Headquarters by retired Commodore Duja Emmanuel Effedua who is the Rector of Maritime Academy of Nigeria (MAN) Oron, Akwa Ibom State,
Justice Oghoghorie in her ruling on preliminary objection raised by the defense Counsel, Chief Fidelis Onyebueke, challenging the Jurisdiction of the Court over a matter which should have been filed as a civil case in Uyo High Court by the nominal complainant Duja Emma Effedua, noted that Federal High court has no Judicial powers to entertain a suit which the alleged crimes were committed in Uyo and wondered why Zone 6 Police formation decided to waste the precious time of the Court over frivolous charges.
But upon stepping out of the court room, plain clothed policemen, including the Investigating Police Officer (IPO) Supol Iwa Igbaji and an alleged ally of Duja Effedua, a Police personnel who had long been dismissed from the Force but was reportedly been used by the Rector, Prince John Anwana Ikott ordered the security men at the entrance of Federal High Court to lock the entrance gate to stop Edet Okpo, who came to the court with his surety, one Mr Collins Amba and his wife, from driving out, saying Okpo is under arrest, and must be taken again to zone 6 police command for detention.
The said dismissed police officer who hails from Oron that accompanied the staff of MAN, on sighting that Edet Okpo was exiting the Court room after the court ruling called the IPO, Iwa Igbaji and lawyers that the MAN Rector said Okpo should be re-arrested.
They therefore ordered court security men to lock up the gate of the Court premises against the journalist.
The said Prince John Anwana- Ikott openly told Edet Okpo at the Court premises that he will personally deal with him, and joined the Police to Zone 6 in MAN vehicle with alongside Police officers.
Despite intervention from a very senior lawyer, Edet Okpo’s counsel, Chief Fidelis Onyebueke and other lawyers who insisted the judge has given her ruling on the matter which should be final yet Okpo was forced back to zone 6 where he was again detained for next four.
The Police prosecutor and Head of Legal Department in zone 6 police Headquarters , later directed that his men should release the journalist after he had signed some bail bond and accept to report at the zone 6 Police Headquarters Calabar from Akwa Ibom State every Monday until the matter is finally disposed of.
Meanwhile, in an earlier judgment in favour of the journalist delivered by Justice Okon A. Okon at Akwa Ibom High court in Ibiono Ibom Local Government Area, Akwa Ibom State in a case of enforcement of fundamental human rights, filed by Edet Okpo, the Court had asked the police to pay Okpo Five Million Naira as damages for assaulting and detaining him for weeks under severe conditions.
The court had also directed the police to return the sum of Two Million Naira which they forcefully extracted from Okpo under duress at UBA ,Aka road, Uyo when they arrested him in July 2020.
But according to the journalist, up till now, the police refused to comply with the Court directives.
Counsel to the complainant, Barrister Alex Ewa of Zone 6 Police headquarters had argued and presented preliminary objections on jurisdiction of the federal high court Calabar to hear the matter.
The prosecutor also claimed that police personnel were not allowed to file cases at federal high court,Uyo.
Justice Oghoghorie cited plethora of legal instruments, responsibility and mandate to affirm the competence of her court to hear and rule on the matter.
She expressed surprised over the prosecutor’s claims that police can not approach federal courts on cybercrimes, listing arrays of areas the court is statutorily mandated to cover.
Earlier the judge said: “The arraignment of the defendant (Journalist) amounted to victimisation, wilful attempt to persecute and to deny him fair hearing. The 6-count charges preferred against the defendant were badly written. Both the complainant and prosecutors have only succeeded to waste Court’s time for two years. I hereby strike out this matter…”