The legal drama over alleged nude photos of a business woman, Mrs. Chinyere Amuchienwa, took another twist as an Abuja division of the Federal High Court, yesterday, set aside the notice of discontinuance filed by the Inspector General of Police (IGP) in favour of former Imo governor, Dr. Ikedi Ohakim.
Justice Taiwo Taiwo, in setting aside the notice of discontinuance, allowed the Attorney General of the Federation (AGF) to take over the prosecution of the case.
Consequently, the court fixed October 21, for the arraignment of former governor Ohakim, for allegedly threatening to release nude photos of Mrs Amuchienwa.
The police had filed criminal charges against Ohakim and Chinedu Okpareke over alleged threat to life and threat to release nude pictures of Amuchienwa.
However, before Ohakim’s arraignment, the police filed a notice of discountenance of the matter on March 15, the same day the AGF informed the court that he was taking over the matter.
A lawyer from the office of the AGF, Mr Bagudu Sani, told the court that the police would no longer prosecute the case as they had filed a notice of discontinuance.
Sani said that the matter, as originally filed by the police, had now been transferred to the office of the attorney-general.
But, in opposing the application, counsel to the police, Mr Rufus Dimka, informed the court that the police had filed a complainant/applicant’s counter affidavit. She, therefore, prayed the court to grant the notice of discontinuance and strike out the charge.
Counsel to Ohakim, Mr Emeka Etiaba (SAN), however, opposed the request by the AGF to take over the matter and prayed the court to dismiss the application.
Etiaba said that the content of the affidavit of compliance by the AGF did not, in any way, affect the consequence of the notice of withdrawal of the charge against his client.
In his ruling, Justice Taiwo held that there was no doubt that the AGF had unfettered powers to take over the prosecution of any case at any point.
He said that the AGF could do that as long as judgment had not been delivered in such a case.
The IGP can also direct a private practitioner to prosecute on his behalf. Where a matter is instituted by a police officer, it shall be in the name of IGP or Commissioner of Police (COP). Where a charge is instituted on behalf of the AGF, it shall be in the name of the Federal Republic of Nigeria (FRN). It is trite that the police can also prosecute under the provisions of sections 31 and 66 (1) of the Police Act. 2020.
“The power of the AGF over the IGP is unquestionable. It is not only mandatory for the IGP to obey, but it is also constitutional and this court must give a clear interpretation of the constitution.” – The Sun.
