THE Federal High Court, Abuja Division yesterday issued a mandatory order directing the police to release unconditionally the candidate of the Action Congress of Nigeria (ACN) for Akwa Ibom State governorship election, Chief James John Akpanudoedehe.

The order was given sequel to an application by Akpanudoedehe, praying the court to give force to its earlier order admitting him to bail.       

The court presided over by Mr. Judge Adamu Bello had on March 30, 2011 granted Akpanudoedehe bail, but the police denied him the benefit of freedom by immediately re-arresting him under controversial circumstance and have continued to detain him since then.

Determined to ensure that his client enjoys the bail already granted by the court, Kola Awodein (SAN) filed an exparte application, asking the judge for an order of mandatory and unconditional release.

Awodein predicated the request on the ground that Akpanudoedehe who was granted bail by the court, was “forcibly molested and abducted” from the courtroom while waiting to perfect his bail conditions by police officers on the instruction of the Federal Government.

He submitted also that the IGP ordered the arrest of the former Minister of the Federal Capital Territory (FCT) for the purpose of remanding him in jail, thereby hindering him from perfecting his bail conditions.

He submitted that the conduct of the police amounted to “an abuse of court process as it is designed to frustrate, irritate and annoy the accused/applicant.”

He also urged the court to grant the exparte application as “grave mischief, irreparable loss and damage will be occasioned if the respondent were first put on notice in the usual way.”

In a- 17 paragraph affidavit of urgency deposed to by Barrister Benson Igbanoi of Awodein’s law firm, he averred that Akpanudoedehe is incarcerated in the custody of the police and has been deprived of his freedom and personal liberty for just no cause. Ruling on the exparte application, Justice Bello issued a mandatory order directing the Police to release Akpanudoedehe unconditionally and with immediate effect.

He also ordered the Inspector General of Police, Mr. Hafiz Ringim and the prosecution to give effect to the order of the court made on March 30, 2011 admitting the applicant to bail, pending the hearing and determination of motion on notice dated April 5, 2011.     

Earlier, the Chief Magistrate Court sitting in Uyo, Akwa Ibom State capital, and presided over by Edet Obot had ruled that he had no jurisdiction to entertain a murder case brought before it by the state police command against Akpanudoedehe.

In his ruling, the presiding magistrate, who listened to all the submission from both parties, ordered that the embattled ACN governorship candidate be remanded in prison custody for 20 hours.

Besides, he ordered that since his court cannot entertain such case, it should be transferred to state Director of Public Prosecution (DPP) for onward transfer to the state High Court.        

Even though the law requires 14 days for proceeding to be transferred to the High Court, Magistrate Obot, said for the personality involved, 24 hours be allowed so that the issue of bail could be argued for the accused.

-Guardian

Posted by admin on Apr 7 2011. Filed under Akwa Ibom, Latest Politics, State News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry