Aluko loses bid to stop arrest over alleged perjury
An Ado-Ekiti Chief Magistrate Court yesterday dismissed an application filed by the former secretary of the Ekiti State chapter of the Peoples Democratic Party (PDP), Dr Temitope Aluko to quash an order for his arrest and prosecution over alleged perjury.
Chief Magistrate Soji Adegboye, while striking out the motion filed by Aluko’s counsel, Mr Niran Owoseni, said it was a mere academic exercise, time wasting and abuse of court process.
Adegboye had on February 3, 2016 given the order for Aluko’s arrest and prosecution for alleged perjury while ruling on a motion
ex-parte number MAD/10cm/2016, filed by the State Government against Aluko and the State Commissioner of Police.
The state government had sued Aluko over a press interview he granted where he gave startling revelations of how the June 21, 2004 election was manipulated to favour Governor Ayodele Fayose.
The government posited that the content of the interview contradicts Aluko’s position in the court.
According to the order, the motion was made in pursuant to Section 117 of the Criminal Code Law, Cap C16, law of Ekiti State 2012, Section 79 of the Ekiti State Administration of Criminal Justice Law 2014 and Section 23 (D) of the Magistrates’ Courts Law 2014.
The Ekiti State police commissioner was joined as second defendant and was required to execute the order against Aluko.
However, Aluko through his counsel filed a motion to challenge the jurisdiction of the Chief Magistrate Court in issuing the warrant of arrest.
Aluko’s counsel, Owoseni had argued that Section 7 of Magistrate Law, 2014 specified that the magistrate court cannot act outside its
territorial jurisdiction, describing the court action as incompetent and abuse of court process.
The Director of Public Prosecution (DPP), Mr Gbemiga Adaramola, who opposed the motion on notice, argued that since the warrant of arrest was a substantive matter, the ruling had a force of judgment.
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