By Jonathan Ugbal
Justice Rosemary Dugbo Oghoghorie of the Calabar division of the Federal High Court has struck out a criminal case filed by the Federal Government against the House of Representatives candidate of the People’s Democratic Party, PDP, for the Obudu/Obanliku/Bekwarra federal constituency in the 2023 general elections, Mr. Peter Akpanke, and four others.
Justice Dugbo in her ruling said the prosecution needed to get its house together and not waste the time of the Court.
Charges bordering on murder, terrorism, attempted murder, and unlawful possession of firearms was preferred against Mr. Akpanke, his co-aspirants, KJ Jedy Agba, Elaunire Ushie, a House of Assembly Aspirant, Augustine Agba, and one Joseph Akin following the death of a Police officer, Inspector Emmanuel Mbang Ubi who was shot at the botched May 23, 2022, House of Representatives primaries in Obudu.
The case with Suit Number FHC/CA/14C/2022 was filed on September 6, 2022, and was listed for arraignment and plea on Wednesday.
But, after it was called up, and appearances entered by the prosecution and defense counsels, Justice Dugbo asked the prosecutor, Edosa Esq whether his witnesses were in Court which he replied no. The Court also asked about the defendants who the prosecutor said were not in his custody.
Justice Dugbo also complained that the charge sheet in the Court’s file was not clear enough to which the prosecutor replied that the charges have been amended. Justice Dugbo also asked whether the amended charges were in the Court’s file as she could not find them.
Justice Dugbo subsequently struck out the case.
This means that the Federal Government can file fresh charges. It is unclear whether that may be the case with one of the defendants still in Police custody.
The Case
Mr. Ubi, alongside his colleagues, was drafted to secure the venue of the House of Representatives Primary of the PDP in Obudu on May 23, 2022, which was canceled after he was shot dead at close range while a colleague was also injured. The primaries were rescheduled and later canceled with Mr. Akpanke winning both.
The quintet above were then invited, interrogated, and charged to Court. They were initially billed to take their pleas on October 12, 2022. But, Justice Dugbo’s absence led to the parties taking a different date off-record.
Mr. Akin, Akpanke, Agba, Jedy, and Ushie were listed as the first, second, third, fourth, and fifth defendants respectively. While Mr. Akin was charged with killing Mr. Ubi, Messrs KJ, Akpanke, Agba, and Ushie were accused of conspiracy to commit a felony and unlawful possession of firearms.