LAGOS— Justice Pat Ajoku of the Federal High Court sitting in Lagos has ordered that a Lekki farmer, Yesiru Onajobi, who allegedly seduced and impregnated his 14-year-old daughter, and was kept in the custody of National Agency for the Prohibition of Trafficking in Persons, NAPTIP, after his first arraignment on June 7, 2011, be transferred to Ikoyi Prison.
The order was issued after NAPTIP prosecuting counsel, Barrister Olurotimi Ilori, complained that the accused, who is the only person in NAPTIP custody, had not been feeding well and that providing security guards on daily basis to guard only one person had been unpalatable to the anti-trafficking agency.
Ilori reasoned that the accused will be well guarded and fed at Ikoyi prison than the custody of NAPTIP where the accused was initially remanded.
Onajobi was arraigned by NAPTIP on a three-count-charge and allegedly committed the offense on January 20, 2010, at Ibeju-Lekki, within the jurisdiction of the Federal High Court, after he allegedly seduced his daughter, Kehinde Onajobi, who was leaving with him despite been separated from his wife (Kehinde’s mother).
Lawyer to the accused, Mr. Akpomereta from the Legal Aid Council of Nigeria, AA, filed an application before the court urging it to dismiss the charge against Onajobi on the ground that it lacked
the jurisdiction to hear or entertain the charge.
Challenging the competence of NAPTIP prosecutor in signing the charge, Akpomereta told the court that the anti-trafficking agency lacked the locus standi to prosecute the accused, having regard to NAPTIP law which delimit the scope of the law to generally cover cases of trafficking in persons and not otherwise.
Akpomereta argued that the accused did not commit any offense under the provisions of NAPTIP law and complainant of such matter should be Federal Republic of Nigeria and not the anti-trafficking agency. In his words: “criminal proceeding at the Federal High Court can only be instituted in the name of the Federal Republic of Nigeria as the complainant and not otherwise.”
Investigating officer for NAPTIP, Oluremi Oludare, in a counter affidavit to the preliminary objection, averred that the agency is empowered to prosecute offenders who engage in the trafficking of persons and other related matters.
He noted that the alleged offence committed by the accused is one within the jurisdiction of NAPTIP to try and the prosecutor is competent to prosecute the case since he was an officer in the office of the Attorney General of the Federation, adding “therefore, the court has jurisdiction to entertain the matter and I urge it to dismiss the preliminary objection.”
The matter was adjourned till December 21, 2011 for the two parties to argue the objection.
By BARTHOLOMEW MADUKWE
Vanguard Nigeria
The order was issued after NAPTIP prosecuting counsel, Barrister Olurotimi Ilori, complained that the accused, who is the only person in NAPTIP custody, had not been feeding well and that providing security guards on daily basis to guard only one person had been unpalatable to the anti-trafficking agency.
Ilori reasoned that the accused will be well guarded and fed at Ikoyi prison than the custody of NAPTIP where the accused was initially remanded.
Onajobi was arraigned by NAPTIP on a three-count-charge and allegedly committed the offense on January 20, 2010, at Ibeju-Lekki, within the jurisdiction of the Federal High Court, after he allegedly seduced his daughter, Kehinde Onajobi, who was leaving with him despite been separated from his wife (Kehinde’s mother).
Lawyer to the accused, Mr. Akpomereta from the Legal Aid Council of Nigeria, AA, filed an application before the court urging it to dismiss the charge against Onajobi on the ground that it lacked
the jurisdiction to hear or entertain the charge.
Challenging the competence of NAPTIP prosecutor in signing the charge, Akpomereta told the court that the anti-trafficking agency lacked the locus standi to prosecute the accused, having regard to NAPTIP law which delimit the scope of the law to generally cover cases of trafficking in persons and not otherwise.
Akpomereta argued that the accused did not commit any offense under the provisions of NAPTIP law and complainant of such matter should be Federal Republic of Nigeria and not the anti-trafficking agency. In his words: “criminal proceeding at the Federal High Court can only be instituted in the name of the Federal Republic of Nigeria as the complainant and not otherwise.”
Investigating officer for NAPTIP, Oluremi Oludare, in a counter affidavit to the preliminary objection, averred that the agency is empowered to prosecute offenders who engage in the trafficking of persons and other related matters.
He noted that the alleged offence committed by the accused is one within the jurisdiction of NAPTIP to try and the prosecutor is competent to prosecute the case since he was an officer in the office of the Attorney General of the Federation, adding “therefore, the court has jurisdiction to entertain the matter and I urge it to dismiss the preliminary objection.”
The matter was adjourned till December 21, 2011 for the two parties to argue the objection.
By BARTHOLOMEW MADUKWE
Vanguard Nigeria
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