The Cross River State Government has sued a retired Assistant Inspector General of Police, Joseph Mbu, before a high court sitting in Calabar, for alleged murder.
The state government alleged that Mbu killed one of his kinsmen, Ayuk Etta Ngon, in a community in the Etung local govt area of the state.
Justice Samuel Manyor Anjoh, who presided over suit No: HC/40c/20/2021 adjourned it to March 16, 2022, for hearing.
The charge sheet requested Mbu to “answer what happened on December 24, 2018, at Ndung Stream Road, Bendegbe Ekiem, where Ngon was murdered”.
The State government, through the Department of Public Prosecution, said Mbu was charged for murder “contrary to Section 319(1) of the Criminal Code, Cap C16, Vol. 3, Laws of Cross River State of Nigeria 2004.”
At the hearing, counsel to the defendant, Agan Teke, said, “We are challenging the jurisdiction of the court to entertain the matter because the alleged crime was said to have been committed in Etung local government area. The Etung Judicial Division has a High Court so why bring it to Calabar Judicial Division?
“The second issue is that a necessary investigation has not been conducted before the prosecution decided to bring the matter to court. The information presented by the prosecution is defective in substance.”
The prosecution has filed a counter-affidavit challenging the defence lawyer’s position on jurisdiction and the issue of investigation before arraignment.
The Attorney General and Commissioner for Justice in the state was accused by Teke of trying to usurp the investigative functions of the police, even when the power of both institutions have been spelt out clearly by the constitution.
He said, “What happened is that we filed a motion challenging the jurisdiction of the court to entertain the case based on the fact that the alleged offence and necessary investigation into the matter had not been conducted by the police before arraigning him in court.
“The only Director of Public Prosecution report which has been attached to the information recommended no prosecution. And I asked ‘why are you prosecuting when there is no counter advice by the DPP?’
“The same office which recommended no prosecution is now filing charges against the person.”
