Makurdi High Court has struck out the murder charges against Joseph Adom Kyaagba, a former aide of Governor Samuel Ortom, for want of jurisdiction.
Kyaagba was sued by the state for his alleged involvement in the murder of his colleague, Denen Igbana.
The principal suspect, Terwase Akwaza a.k.a Gana, was declared wanted by the state, and is still at large.
When the prosecution closed his case, defence counsel Bernard Hon filed a motion challenging the jurisdiction of the court to entertain the matter, and urged the court to strike out same.
He argued that no prima facie case was established hence “no case submission”.
Hon also prayed for any further order as the court may deem fit. He argued that the matter and the charges thereof were not instituted according to the due process of the law and cited Section 185 of the Criminal Procedure Code Act.
According to him, only the Attorney-General of the state can initiate the action or in the alternative, an attorney by leave of court.
In the instant case, no such procedure was followed hence the court lacks the jurisdiction to entertain same, he said.
He further contended that nothing was in evidence before the court to move the accused to enter defence and pleaded “no case submission”.
The prosecution, led by Solomon Ogah, filed a counter affidavit to oppose Hon’s application. Ogah contended that a prima facie case was established and it was immaterial to bring forth the issue of no case submission.
He also submitted that the charges before the court were proper.
Justice Theresa Igoche agreed with the defence counsel that the case was not initiated by the due process of law.
According to her, 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.
She held 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.
She said: “The court lacks the jurisdiction to entertain this matter and so strikes out the case. The accused is also discharged.
“I cannot delve into the other issues because of lack of jurisdiction.”
Ogah told reporters after the ruling that “the law has only been restated but the competency of the matter is still standing before the court. It is the charge before my lord that has been withdrawn that it was not properly filled according to the rules,” Ogah said.