Akpobolokemi, Juan challenge court’s jurisdiction over trial
Akpobolokemi was docked on 13 count charges bordering on theft of N754,740,680 million belonging to the agency.
At the hearing of the matter yesterday, the fourth defendant, Governor Amechee Juan, through his counsel, Ige Asemudara; also filed a similar application supported with a five-paragraph affidavit deposed to by one Felix Deckcon.
Also, counsel to the first defendant, Dr. Joseph Nwobike (SAN), informed Justice Raliat Adebiyi of an Igbosere High Court that he had a notice of preliminary objection dated February 12 and filed on February 15.
The grounds on which Akpobolokemi is challenging the court jurisdiction are by the virtue of the provisions of Section 251 (1) (a) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended. They dictate that the Federal High Court has exclusive jurisdiction over matters and causes arising from, pertaining to and or is connected with the revenue of the Federal Government of Nigeria and its agencies.
He maintained that the provisions of section 251 (1) (a), (P) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended supersede the provisions of the Criminal Code Laws of Lagos State 2011 and the Economic and Financial Crimes Commission Establishment Act, 2004.
He further contended that the High Court of Lagos State lacked the requisite jurisdiction to entertain criminal causes and matters arising from and or pertaining to; the revenue of the Federal Government of Nigeria, the administration or the management and control of the Federal Government or any of its agencies, by virtue of the provisions of Section 251 (1) (a) (p) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
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