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Pastor Uche Aigbe holds Ak 47 rifle in Home on the Rock Church
The Presiding Pastor of the Home on the Rock in Abuja, Uche Aigbe, arraigned earlier than an FCT Magistrates Courtroom for bearing an AK-47 rifle, has approached a Federal Capital Territory Excessive Courtroom to hunt judicial overview of his trial.
Aigbe, throughout a Sunday church service in February 2023, mounted the pulpit with an AK-47 rifle as an instance his sermon titled “Guarding your religion.”
He was subsequently arraigned alongside Olakunle Ogunleye and Promise Ukachukwu for possession of a prohibited firearm (AK-47 rifle), inciting disturbance and abetting unlawful possession of a firearm.
They have been arraigned earlier than Senior Justice of the Peace Mohammed Ismail, sitting at Zuba, Abuja.
Aigbe was particularly mentioned to have contravened Part 3 of the Firearms Act, Cap F28 Regulation of the Federation.
On the FCT Excessive Courtroom on Monday, the counsel for the defendants, P.H. Ogbole, SAN, instructed the court docket that they filed a movement on discover in search of a judicial overview of the proceedings on the decrease court docket.
He added that the problems of jurisdiction have been raised, urging the court docket to grant their prayers.
Within the movement on discover marked M/13706/2023, the lawyer alleged that the magistrates’ court docket violated their elementary rights to a good listening to in one in every of its proceedings.
He mentioned, “The proceedings of March 28, 2023, on the Zuba Justice of the Peace’s Courtroom, whereby the Justice of the Peace descended into the sector of battle is wrongful, in a transparent misapplication of the legislation and a violation of their elementary proper to a good listening to.”
He additional sought a declaration, amongst others, ”That the proceedings of June 19, 2023, on the Justice of the Peace’s Courtroom within the trial of the candidates whereby the Justice of the Peace admitted a compact disc as an exhibit with out viewing the content material of the exhibit within the open court docket is wrongful, in clear misapplication of the legislation and a violation of their elementary proper to truthful listening to.”
The lawyer acknowledged that the movement was introduced pursuant to Part 227(2) of the 1999 Structure (as amended); Sections 19 and 33 of the FCT Excessive Courtroom Act Cap 510 LFN 2007; Order 44 Rule 1 of the FCT Excessive Courtroom Civil Process Guidelines, 2018.
On his half, counsel for the commissioner of police, Inah Umoh, urged the court docket to dismiss the appliance.
He urged the court docket to permit the decrease court docket to proceed with the matter.
“The essence of a judicial overview is to indicate that the trial court docket exceeded its jurisdiction.
“On this case, Part 27(4) and (5) give jurisdiction to the court docket to strive such offence summarily,” he added.
Justice Olukayode Adeniyi, after listening to the submissions of each counsel within the matter, mounted Could 15 for ruling on the appliance.
