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The Benue State High Court sitting in Makurdi on Wednesday struck out murder charges against former Special Adviser to Governor Samuel Ortom of Benue State, Joseph Kyaagba.
The presiding Judge, Justice Theresa Igoche, struck out the case for want of jurisdiction.
Kyaagba had been charged to court by the state for his alleged involvement in the murder of his colleague, a Senior Special Assistant, Denen Igbana.
The principal suspect in the murder case, Terwase Akwaza, a.k.a Gana. who is still at large had since been declared wanted by the state with a whopping sum of N10million placed on him.
But when prosecution closed his case, defense counsel led by Bernard Hom (SAN), filed a motion challenging the jurisdiction of the court to
entertain the matter and urged the court to strike out same.
Hon argued that no prima facie case was established, hence ‘no case submission’.
He further argued that the matter and the charges thereof were not instituted according to due process of the law and cited Section 185 of the
Criminal Procedure Code.
According to him, only the Attorney General of the State can initiate the action or in the alternative, an attorney by leave of court.
The trial judge who drew an instance from one of the decisions of the Supreme Court held that a court is competent to handle a matter only when it is instituted by the due process of the law.
She thereby struck out the matter for lack of jurisdiction.
The presiding Judge, Justice Theresa Igoche, struck out the case for want of jurisdiction.
Kyaagba had been charged to court by the state for his alleged involvement in the murder of his colleague, a Senior Special Assistant, Denen Igbana.
The principal suspect in the murder case, Terwase Akwaza, a.k.a Gana. who is still at large had since been declared wanted by the state with a whopping sum of N10million placed on him.
But when prosecution closed his case, defense counsel led by Bernard Hom (SAN), filed a motion challenging the jurisdiction of the court to
entertain the matter and urged the court to strike out same.
Hon argued that no prima facie case was established, hence ‘no case submission’.
He further argued that the matter and the charges thereof were not instituted according to due process of the law and cited Section 185 of the
Criminal Procedure Code.
According to him, only the Attorney General of the State can initiate the action or in the alternative, an attorney by leave of court.
The trial judge who drew an instance from one of the decisions of the Supreme Court held that a court is competent to handle a matter only when it is instituted by the due process of the law.
She thereby struck out the matter for lack of jurisdiction.
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