Five National Youth Serving Corps
members, a councilor, and an ad hoc staff are standing trial for
allegedly diverting the Direct Data Capturing [DDC] machines and other
materials meant for the ongoing voter registration exercise.
The corps members are Makinwa Michael,
Ovat Benard, Mustapha Yahaya, Osha Tolulope and Chinyere Okoye while
the councilor is Effiong Edet Oqua representing Idundu Ward in Akpabuyo
Local Government Area where the incident took place. One ad hoc staff
of the Independent National Electoral Commission (INEC), Victor Etim
Ekanem is the other accused.They are standing trial before a Calabar
Magistrate Court which remanded them in police custody till Wednesday
when the issue of jurisdiction argued by their lawyers will be
determined.
They appeared yesterday before a court
presided over by Chief Magistrate, Ashu Ewa on a one count charge of
diverting DDC machines and voter registration materials thereby
committing a criminal offence punishable under Section 117 of the
Electoral Act Laws of the Federal Republic of Nigeria.
Their lawyers, Anthony Eyo and Iquo
Bassey Ekanem told the court that it lacked the jurisdiction to
entertain the matter since the alleged offence was committed outside
the Calabar Judicial Division. “It is an offence that took place in
Idundu in Akpabuyo Local Government Area. There is a Magistrate/High
Court in Akpabuyo Judicial Division. The accused persons ought not to
be brought here,” Mr Eyo argued.
He picked holes with Section 66 of the
Criminal Procedure Act, CPA, cited by the Police Prosecutor, Fidelis
Adaliku who stood in for the State Commissioner of Police, saying that
it has no relevance to the alleged offence committed.
He found support in his colleague, Iquo
Bassey Ekanem who argued that three of the accused arrested at Odukpani
were not supposed to be arraigned in Calabar, stressing that the Police
did not do a proper job on the matter.
‘‘Section 162 of the Criminal Procedure
Act provides procedure on commitment of improper act. This Court is
incompetent and as such has no jurisdiction”, she said.Alternatively,
she asked the court to allow the Chairman of Odukpani Local Government
Area to serve as surety for their release, since the NYSC members are
still performing their duties and will be in court whenever the matter
comes up.
The Chief Magistrate ruled that the accused people should be
remanded in police custody and adjourned the case till today for
determination of the jurisdiction issue.
