Ladipo Sanusi|
A Federal High Court in Lagos has ordered that the stealing charge against the Managing Director of Lekki Gardens Estate Limited, Mr Richard Nyonh, his company and two others, be transferred to a State High Court.
The court presided over by Justice Mohammed Idris, gave the order following a challenge to the jurisdiction of the Federal High Court to prosecute the accused, based on the alleged offences as contained in the charge sheet.
As soon as the accused persons were docked, their lawyer, Mr. O. Emecheta, pleaded with the court not to take the plea of the accused persons on the ground that the court lacked the jurisdiction to try the offence under which the accused were charged to court.
Emecheta added that even the prosecution had earlier conceded to the fact that the Federal High Court lacked jurisdiction in the matter.
He therefore urged the court to strike out the matter.
The prosecution represented by Mr Emmanuel Jackson, while opposing the defence application to strike out the charge, said that the court had the power to transfer the case to the appropriate court.
He then urged the court to transfer the case to the Lagos High Court.
Justice Idris, in his ruling, held that he has the power to transfer the matter. He then ordered that the matter should be transfered to a state High Court for trial.
The Special Fraud Unit (SFU), of the Nigeria Police Force, had sometimes in 2016, filed a three count criminal charge of conspiracy and stealing against Nyonh, his company, and two others before the Court.
The charge, marked FHC/L/C/405C/2016, has Mrs. Amida Christiana and Mrs. Blessing Essien, as other accused persons in the criminal charge.
In the charge, Mr. Nyonh, and other accused persons were alleged to have on or about April 22, 2014, at Lekki Garden Estate Limited, located at Plot 1, Lekki Garden Estate road, Olokonla district, conspired among themselves to steal one HP Mini laptop 320GB,and seven pairs of ladies shoes, which are valued at N184, 500.
The accused persons were also accused of stealing N550, 300 and a cheque slip worth N502,000.
SFU further stated that the accused persons, without court order or any lawful excuse, dispossessed one Eneh Excellence Nora, of a Hyundi Accent saloon car, marked LSU 552 BR – an official car allocated to the said Eneh Excellence Nora, a former staff of Lekki Gardens Limited.
The said offences alleged to have been committed by the accused persons are contrary to sections 516, 383 and 388, and punishable under section 390(9) of the Criminal Code Act Cap C38, Laws of the Federation of Nigeria.
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