Attempt by the embattled former secretary of the Ekiti chapter of the
\nPeoples Democratic Party, Temitope Aluko to quash the order of an
\nAdo-Ekiti Chief Magistrate Court for his arrest and prosecution for
\nalleged perjury became futile today, as the court struck out his
\nmotion on notice, seeking the setting aside of the warrant of arrest
\nissued against him on February 3, 2016.<\/p>\n
Chief Magistrate Soji Adegboye, while striking out the motion filed by
\nAluko\u2019s counsel, Mr Niran Owoseni, said it was a mere academic
\nexercise, time wasting and abuse of court process.<\/p>\n
Chief Magistrate Adegboye, gave the order for Aluko\u2019s arrest and
\nprosecution for alleged perjury on February 3, 2016 based on a Motion
\nEx-parte number MAD\/10cm\/2016, filed by the Ekiti State Government
\nagainst Aluko and the State Commissioner of Police.<\/p>\n
The motion on notice, which was dismissed today, had stalled the
\nexecution of the arrest warrant issued against Aluko.<\/p>\n
According to the order, the motion was made in pursuant to Section 117
\nof the Criminal Code Law, Cap C16, law of Ekiti State 2012, Section 79
\nof the Ekiti State Administration of Criminal Justice Law 2014 and
\nSection 23 (D) of the Magistrates\u2019 Courts Law 2014.<\/p>\n
The Ekiti State police commissioner was joined as second defendant and
\nwas required to execute the order against Aluko.<\/p>\n
However, Aluko had through hic counsel, filed a motion to challenge
\nthe jurisdiction of the Chief Magistrate Court to issue the warrant of
\narrest against him for allegedly committing the offence of perjury
\nduring an interview on Channel Television.<\/p>\n
Aluko\u2019s counsel, Owoseni had argued that Section 7 of Magistrate Law,
\n2014 specified that the magistrate court cannot act outside its
\nterritorial jurisdiction, describing the court action as incompetent
\nand abuse of court process.<\/p>\n
The Director of Public Prosecution (DPP), Mr Gbemiga Adaramola, who
\nopposed the motion on notice, argued that since the warrant of arrest
\nwas a substantive matter, the ruling had a force of judgment.<\/p>\n
While urging the court to strike out the motion, Mr Adaramola posited
\nthat the Chief Magistrate Court lacked jurisdiction to review its own
\njudgement.<\/p>\n","protected":false},"excerpt":{"rendered":"
Attempt by the embattled former secretary of the Ekiti chapter of the Peoples Democratic Party, Temitope Aluko to quash the order of an Ado-Ekiti Chief Magistrate Court for his arrest…<\/p>\n","protected":false},"author":1,"featured_media":47337,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-47336","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n