Judiciary
A Federal High Court, sitting in Ado-Ekiti, on Thursday adjourned hearing of jurisdiction application in a case filed by Afe Babalola University, Ado-Ekiti (ABUAD) against Francisca Ikpe and three others until Nov. 29.
The Presiding Judge, Justice Babs Kuewumi, reserved ruling in the case, after argument and counter-argument from the defence counsel and the prosecution counsel.
Kuewumi said, “This case is adjourned until Nov. 29 for ruling.”
Earlier, when the case with FHC/AD/48C/2022, involving IGP vs Francisca Ikpe, Oyeleye Yusuf, JNC International and one other, was mentioned for reading of the charges and plea taking, the defendants were absent in the court.
The Defence Counsel, Mr Ebun Adegboruwa (SAN), told the court that there was a pending application filed on Aug. 30 before the court and another application filed on Oct.13, seeking, among other reliefs on the issue of jurisdiction.
Adegboruwa urged the court to first determine his clients’ application, bordering on issue of jurisdiction.
He confirmed to the court that Afe Babalola University had a contractual agreement with the defendants for the supply and maintenance of medical equipment.
The counsel said the complainant had earlier complained that one of the machines supplied by his clients was malfunctioned.
Adegboruwa, however, wondered why the police wanted to change what was supposed to be a civil matter to criminal case.
The counsel urged the court to first determine the application bordering on jurisdiction before taking the pleas of the defendants.
“We are challenging the power of the police not to convert this civil suit to a criminal trial,” Adegboruwa told the court.
He urged the court to discountenance the oral application by the prosecutor, opposing the defence counsel’s application on court’s jurisdiction.
The defence counsel cited an order of the Federal High Court in Lagos, given on Aug. 9, 2022 in a suit No: FHC/L/CS/1490/2022.
He further argued that Justice TG Ringim, in a suit still pending before him, had
issued an order of injunction against the respondent/prosecution and the complainant, from proceeding with a criminal trial, saying the order was still subsisting.
He submitted that by virtue of Section 284(3) of the 1999 Constitution, as amended, the Federal High Court, sitting in Ado-Ekiti, is under statutory mandate to enforce and give effect to the order of the Federal High Courts.
He said there was a prohibiting order of court against filing the criminal charge or against arraignment of the defendants.
Adegboruwa further told the court that the charge filed by the prosecution was to override the order of Federal High Court sitting in Lagos.
He said there was no fraud at all and that it was purely a contractual agreement that should be seeing as a civil suit.
Addressing the court earlier, the Police Prosecutor, Mr Femi Falade, opposed the defence counsel’s application on the issue challenging the court’s jurisdiction.
Falade, who is also the Officer- in-Charge (O/C) Legal, in the Ekiti Command, told the court that no trial could commence in the absence of the defendants in a criminal trial.
He, however, insisted that the case involved about N1 billion worth of medical equipment supplied by the defendants, but with certain components malfunctioning.
According to him, this is purely a criminal offence, for which the defendants refused to clear themselves.
Falade, then urged the court to discountenance the application of the defence counsel that the application for jurisdiction be taken without the presence of the defendants.
According to him, refusal of the defendants to appear in court in person amounted to a ploy to run away from justice.
He said that the argument by the defence counsel was a ploy to make the defendants escaped justice.
Falade told the court that the prosecution was not aware of any order restraining the court.
The prosecutor said that he only got to know after the charges had been completed and filed before the court.(NAN)
Tags: Afe Babalola University Francisca Ikpe Justice Babs Kuewumi Mr Ebun Adegboruwa Mr Femi Falade Oyeleye Yusuf
