Counsel to personnel of the Nigerian Police Force, Fidelis Ogbobe Esq on Monday stated before the panel that the allegation of malicious prosecution brought against the Police by the petitioner could not be considered because the State has powers to investigate and prosecute any citizen.
Making this known in his oral address, Ogbobe Esq stated that the issue of allegation of malicious prosecution following the arraignment of the petitioner can only be sustained where the accused person has been tried, discharged and acquitted before a court of law.
He further stated that in the case where the petitioner is still standing trial before the court, the issue of malicious prosecution therefore can never arise pointing out that criminal prosecution could be undertaken by the State at any time.
Ogbobe premised his argument on a previous decision of an appeal court in the case of Ebenighe Vs Achi in 2011, contained in the Nigerian weekly Law report part 1230 page 82, paragraph B to D, where one of its ingredients establishes the need to prove that one is not standing trial before a court of Law.
Similarly, Ogbobe posited that the issue of malicious prosecution could not be raised against the state saying that once such a trial was taken by a court of competent jurisdiction the issue of malicious prosecution can no longer arise.
He said the case in the court was between the petitioner and the state (not a law enforcement officer) which is empowered by law to arrest and prosecute any erring Citizen as the case may be.
On these grounds, he said the issue of malicious prosecution against the police authority cannot hold water and therefore prayed the panel to strike out the petition.
He appealed to the panel to hold in his favour that the arraignment of the petitioner before a court of competent jurisdiction will not in any way amount to a violation of his rights.
Earlier in his written address, counsel to the petitioner, Mark Ezeugwu Esq raised among others, the arraignment of his client as a malicious prosecution by the police, he appealed to the panel to grant all the prayers contained in his petition before the panel.
It the case of alleged intimidation and confiscation of properties and disobedience of court order by the police against Hon. Ngozika Ihuoma, the petitioner alleged that he was arrested and detained at Maitama Police Division, Abuja on the grounds of alleged financial misappropriation.
He further narrated how his vehicle was impounded by Union Bank Plc, (the sixth respondent listed in the matter). The vehicle which was said to be in a bad condition has however been recovered following the orders of the panel.
Ruling on the matter, Dr. Garba Tetengi SAN representative of the panel’s Chairman, Justice Suleiman Galadima rtd, adjourned the matter for the panel’s report.
