Justice Binta Mohammed of the High Court in Abuja has dismissed defamation charges brought by the Inspector-General of Police (IGP) against the spokesperson of the Coalition of United Political Parties (CUPP), Ikenga Imo Ugochinyere.
In a judgment on Monday, Justice Mohammed restrained Idayat Olaide of Chief Magistrate Court Wuse, from proceeding with the trial of Ugochinyere.
The court also restrained the Defendants, whether by themselves or acting jointly or through their agents, prohibiting them from further conducting any hearing or proceedings against the Claimant/Applicant in the matter of Commissioner of Police v. Ikeagwuonu Imo Ugochinyere – Charge No: CR/12/2020 before the Chief Magistrate’s Court, Wuse Zone 2, Abuja or on any facts constituting the same subject matter as the case/charge.
In view of the order, the Inspector General of Police and other security agencies have been effectively restrained from arresting or prosecuting Ikenga Imo Ugochinyere on the set of facts which comprised the allegation brought against him by Speaker of House of Representatives, Femi Gbajabiamila and his allies.
The court noted that “An order was granted on May 5, 2020, as well as an order for accelerated hearing. Similarly, on June 10, 2020, another superior court issued an interim enrolled order in the interim, against the 1st, 2nd and 3rd defendants.
“The enrolled order as per annexure two of this application also affected the 5th defendant as an order emanating from a superior court.
“Jurisdiction is very fundamental and is the life wire of a case. If the court has no jurisdiction to determine a case, all proceedings remain a nullity no matter how well conducted and decided.
“It followed therefore that the arraignment of the applicant, by the 5th defendant was done without jurisdiction. In the eyes of the law, such proceedings conducted in excess of jurisdiction is a nullity.
“If an act is void, then it is in law a nullity. It is not bad, but incurably bad. It does not need an order of the court to set it aside, it is automatically null and void without much ado. Though it is sometimes
convenient to have the court declare it to be so.
“Every proceeding which is founded on it is also bad and incurably bad. You cannot build something on nothing and expect it to stand, it will definitely collapse.”
“The entire events smacks of disobedience to orders of superior courts of records, as it is not only seen as an affront on the Judge whose orders is flouted and such is not likely to stand as it is a calculated act of subversion of the rule of law and order.
“On no account should an order of court be flouted so far as the said order subsists and is not varied judicially or set aside. In the circumstances, therefore, I found merit in this application and same is hereby granted with the following orders:
“That the exercise of jurisdiction of the 5th defendant against the applicant in charge no: CR/12/2020 was a breach and violation of subsisting orders of superior courts of records and is therefore unlawful, null and void in its entirety until all such orders pronounced by superior courts are set aside.
“That the 5th defendant exceeded its jurisdiction and therefore acted ultra vires its powers when she assumed jurisdiction to try the applicant in the same charge and consequently arraigned and granted bail to the applicant when the basis of the criminal charge has been restrained and voided by superior courts of records both of Federal High Court and FCT High Court.
“The 5th defendant in assuming jurisdiction, arraigning and holding proceedings on June 22, 2020, or any other day thereafter, upon the instigation of the defendants, hurriedly arraigned, embarrassed, humiliate and defamed the applicant in connection of the alleged offences in charge no: CR/12/2020, abused his discretion, exceeded his jurisdiction and acted Malafide and contrary to the provisions of the 1999 Constitution.
“An order is hereby made quashing the entire proceedings of June 22, 2020, or any other proceedings thereafter in the charge before Chief Magistrate Court, Wuese II, for want of jurisdiction.
