by crossriverwatch admin
The Nolle Prosequi order by the Cross River State Attorney General , Mr. Attah Ochinke to the Chief Magistrate Court in Calabar seeking to stop the prosecution of persons who invaded the palace of Muri Munene is stirring allegation of abuse of judicial process.
Mr. Kenny Akakam, Solicitors to Muri Effiong Mbukpa, the Muri Munene of Efut in a petition to the Cross River State governor said the attorney General on the 1st of July, 2014 emanated a Nolle Prosequi order on charge MSC/374/2012 to the Chief Magistrate Court in Calabar to discontinue the criminal proceedings against the accused persons in the above mentioned charge based on powers conferred on him by paragraph (c ) of subsection 211 of the Constitution of the Federal Republic of Nigeria, 1999.
Akakam said Attah Ochinke who did not give reasons for ordering the discontinuation of proceedings in the unwarranted assault on the Muri Munene said he was the one who had earlier given approval for prosecution of the accused by the same court in 2012. “We wish to state that there is no fair play in what the Attorney General is trying to do by filling a Nolle Prosequi in the Court’s Registry.” wrote Mr Akakam,
He stated that by virtue of section 211 (C ) of the Constitution of the Federal Republic of Nigeria, 1999, the Attorney General in exercise of his powers under section 211 ( 1 ) shall regard public interest, the interest of justice and the need to prevent abuse of legal process before ordering a Nolle Prosequi which in this instance he did not.
The solicitor in the petition to Senator Imoke, stated that the conduct of the Attorney General by filling a Nolle Prosequi in the Chief Magistrate court has not taken the public interest into consideration .
“The conduct of the Attorney General in this regard amounts to allowing offenders who have committed crime to escape justice and continue to commit crime with impunity”.
Mr. Akakam concluded by appealing to the governor to call the Attorney General to order and allow the judicial process to go on because his action is not in accordance with the Constitution of the Federal Republic of Nigeria as it amounts to gross abuse of power.
Several calls and messages to Mr. Attah Ochinke were not answered.
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