To determine question of jurisdiction before allowing or disallowing the embezzlement suit
A High Court in Abuja, on Friday, stopped the arraignment of the former Inspector General of Police, Sunday Ehindero, who was accused of the embezzlement of N557 million police equipment fund.
Mike Ezekome (SAN), counsel to Ehindero, had filed a preliminary objection challenging the jurisdiction of the court to hear the case.
Ezekome further challenged the competency of the prosecutor (Paul Bassi), as, according to him, he did not obtain the permission of the Attorney General of the Federation (AGF) before the commencement of the action.
Justice Mudashiru Oniyangi, held: ?I consider it proper to hear the application challenging the jurisdiction of the court first before the accused persons could take their plea.?
John Obaniyi, a former Commissioner of Police in-charge of Budget at the Force Headquarters, was charged along with the former IGP.
Oniyangi ordered the counsel to the accused to file their reply to the objections within seven days.
The judge added that counsel to the applicant had eight days upon the filing of the reply to further file a counter affidavit.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC), in its amended charge, accused Ehindero and Obaniyi of conspiring to embezzle the funds donated to the Force by the Bayelsa State Government in 2007.
The commission said that the funds were meant for the purchase of arms, ammunition and riot control equipment and the counsel to the ICPC, Paul Bassi, said offence committed by the accused person is contrary to Section 25 (1) (a) and punishable under Section 25 (1) (b) of the Corrupt Practices and Other Related Offences Act, 2000.
