The criminal summons against Edo governor-elect Okpebholo has been dismissed by the court, clearing the way for his forthcoming term.”
An Abuja High Court dismissed a criminal summons issued on September 12 by a magistrate’s court against Senator Monday Okpebholo regarding alleged certificate forgery.
Justice Charles Agbaza determined that the proceedings led by Magistrate Abubakar Mukhtar were invalid, as the summons exceeded the magistrate’s jurisdiction and contained legal inaccuracies.
The judge concurred with Okpebholo’s assertion that both the proceedings and the summons infringed upon his constitutional right to a fair hearing as outlined in Section 36 of the 1999 Constitution (as amended).
Reports indicate that Magistrate Mukhtar had mandated Okpebholo’s appearance in court on September 20, shortly before the Edo governorship election, due to allegations of a false statement concerning his date of birth made by Aginbatse, a local resident.
Okpebholo was accused of submitting inconsistent birth dates in his nomination forms to the Independent National Electoral Commission (INEC) for the election.
His defense counsel, Andrew Emwanta, filed a motion on October 21, asserting that the action aimed to obstruct Okpebholo’s candidacy in the September 21 election and sought a declaration that the proceedings and summons were unlawful and unconstitutional.
Emwanta also requested a prohibition order to prevent the magistrate from pursuing case No. CR/W22/816/2024 initiated by Aginbatse, arguing that the magistrate lacked jurisdiction over this pre-election matter, which should fall under the Federal High Court’s authority.
Justice Agbaza supported Emwanta’s position, emphasizing that the magistrate should have considered the evidence presented by Okpebholo prior to issuing the order.
Peoplesmind
