A Federal High Court sitting in Abuja on Monday rejected a notice filed by the police to discountenance a suit filed against a former Governor of Imo State, Ikedi Ohakim, by an Abuja-based woman, Ms Chinyere Amuchienwa, stating that the move to discontinue the matter lacked merit.
The court also ruled that the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, who had informed the court that he had taken over the prosecution, had unfettered power to do so.
Ripples Nigeria had reported that the police had initially filed criminal charges against Ohakim over the alleged threat to the life of an Abuja-based woman, Ms Chinyere Amuchienwa.
According to the charge, Ohakim and one Mr Chinedu Okpareke were alleged to have threatened to release a nude photograph of Amuchienwa, if she failed to drop the charges of attempted kidnap against them.
But while waiting for Ohakim to be arraigned in court, the police later filed a notice discountenancing the March 2021 suit, while Malami on the same day, informed the court that he had taken over Ohakim’s prosecution.
However, in his ruling on Monday, the presiding judge, Justice Taiwo Taiwo held that the AGF has unregulated power to prosecute the case.
He maintained that where issues have been joined in a criminal matter, a notice of discountenancing is brought by way of motion on notice.
Consequently, Justice Taiwo said the court cannot give effect to the notice of discountenancing filed by the police, stating that the move by the police to discontinue the matter lacked merit.
Meanwhile, the court fixed October 21, for the arraignment of the former governor as well as the commencement of trial.