An Abuja Magistrate Court on Wednesday struck out a criminal summons filed against the spokesperson for the Coalition of United Political Parties, Ikenga Ugochinyere, by Chinasa Nwaneri, an aide to Governor Hope Uzodinma of Imo State.
The allegations contained in the summons bordered on the revelation by Ugochinyere of an alleged fraud by the All Progressives Congress in the voter register in 18 States including Imo State.
A copy of the judgement dated January 23 was obtained by journalists on Wednesday.
Justice M. A Hassan of a High Court of the Federal Capital Territory had suspended further proceedings on the matter pending the hearing of the application for judicial review filed by Ugochinyere.
The judge granted leave to the applicant by way of an order for certiorari including an order of prohibition directed against the respondents by themselves or acting jointly or through agents, prohibiting them from conducting any hearing or further proceedings against the applicant in the matter of Nze Chinasa Nwaneri v Ugochinyere Ikeagwuonu, case No. WZ6/CR/30/2022, or on any facts constituting the same subject matter as that case.
He also granted an order of injunction restraining each of the respondents by themselves, jointly or through agents, in respect of any matter whose subject matter constitutes the same as the case.
Relying on the above orders of the FCT High Court, Magistrate Umah Isa Dodo agreed that the impact of the order of the High Court was that he should stay proceedings went further to also raise jurisdiction issues and resolved that his court lacked the requisite jurisdiction to entertain the matter.
The Magistrate had earlier threatened to order the arrest of Ugochinyere if he did not appear before him before he was served with the processes pending at the High Court and which warranted the suspension of the trial.
Efforts by J. C. Nwosu, counsel to Nwaneri to persuade the Magistrate Court to proceed with the hearing of the case was opposed by counsel to Ugochinyere.
They argued that the lawful thing for the Magistrate Court to do was to obey the pendency of the matter in the High Court and stop its own hearing.
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