A retired Assistant Inspector General of Police, Joseph Mbu, has been sued by the Cross River State Government before a High Court sitting in Calabar, for allegedly murdering one of his kinsmen, Ayuk Etta Ngon, in a community in Etung local govt area of the state.
The suit No: HC/40c/20/2021 was instituted at the court presided over by Justice Samuel Manyor Anjoh who adjourned it to March 16, 2022 for hearing.
The charge sheet requested Mbu to “give an answer to what happened on December 24, 2018 at Ndung Stream Road, Bendegbe Ekiem, where Ngon was murdered”.
The State government, through the Department of Public Prosecution, said Mbu was charged for murder “contrary to Section 319(1) of the Criminal Code, Cap C16, Vol. 3, Laws of Cross River State of Nigeria 2004.”
At the hearing, counsel to the defendant, Agan Teke, said, “We are challenging the jurisdiction of the court to entertain the matter because the alleged crime was said to have been committed in Etung local government area. The Etung Judicial Division has a High Court so why bring it to Calabar Judicial Division?
“The second issue is that a necessary investigation has not been conducted before the prosecution decided to bring the matter to court. The information presented by the prosecution is defective in substance.”
The prosecution has filed a counter affidavit challenging the defence lawyer’s position on jurisdiction and the issue of investigation before arraignment.
Teke also accused the Cross River State Attorney General and Commissioner for Justice of trying to usurp the investigative functions of the police, even when the power of both institutions have been spelt out clearly by the constitution.
He said, “What actually happened is that we filed a motion challenging the jurisdiction of the court to entertain the case based on the fact that the alleged offence and necessary investigation into the matter had not been conducted by the police before arraigning him in court.
“The only Director of Public Prosecution report which has been attached to the information recommended no prosecution. And I asked ‘why are you prosecuting when there is no counter advice by the DPP?’
“The same office which recommended no prosecution is now filing charges against the person.”
Counsel to Cross River State Government, Adams Abang, accepted the new date given to parties involved in the matter, that the case be adjourned to March 16, 2022 for hearing.
Copyright PUNCH.
All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from PUNCH.
Contact: [email protected]
