Court Discharges LEADERSHIP Journalists

A federal high court in Abuja yesterday discharged two LEADERSHIP journalists who were arraigned by the federal government over alleged conspiracy and forgery of a presidential directive’s bromide.

The federal government had charged the group news editor of LEADERSHIP Newspapers, Mr Tony Amokeodo, the political correspondent, Mr Chibuzor Ukaibe, and the newspaper to court on a six-count charge of alleged forgery of a presidential directive, but the journalists had pleaded not guilty to the charge.

The lawyer to the federal government, Chief Adegboyega Awomolo (SAN), had filed a notice of discontinuance, following the objection by the lawyer to the LEADERSHIP journalists, Mr Femi Falana (SAN), who argued that the court lacked the jurisdiction to hear the matter.

In his short ruling on the matter yesterday, Justice Adeniyi  Ademola struck out the six-count charge based on the federal government’s notice of withdrawal/discontinuance of the criminal charges against Amokeodo, Ukaibe and LEADERSHIP Group Ltd.

The judge said, “The six-count criminal charge dated April 22, 2013, is hereby struck out against all the accused persons.”

When the matter came up yesterday, one of the prosecuting lawyers, Mr Joe Nwadike, told the court that the federal government had filed a notice of withdrawal/discontinuance of the six-count charge against the journalists and their employer, LEADERSHIP Group Ltd.

Since there was no objection by one of the defence lawyers, Mr Ugo Ugoji, the judge struck out the matter.
Reacting to the court ruling, Nwadike confirmed that the federal government had no intention to re-file the matter, hence its withdrawal/discontinuance.

He said, “This is the issue of law. The law is a wilderness of intellectualism. The prosecution is like a father of the house and he has a right to punish a child. He has the right not to punish the child. So we have discontinued, we have withdrawn.”

Also reacting, lawyer to LEADERSHIP journalists Falana hailed the decision of the court.

He said, “What the court has done is proper. You know we filed an objection that the court has no jurisdiction and the state decided to discontinue the case. Having applied to discontinue the case, what the court can do is to strike out the case and discharge the accused persons. The court cannot acquit them because there is no trial.”

The federal government had, on May 2, 2013, filed a notice of withdrawal/discontinuance following a notice of preliminary objection filed by Falana challenging the competence of the charge and the jurisdiction of the Federal High Court to hear and determine the complaint.

The notice of withdrawal/discontinuance of charges dated April 30, 2013, was read yesterday in court: “Take notice that the complainant, the Hon. Attorney-General of the Federation intends that the criminal proceedings consisting of six-count charge against the accused persons, Tony Amokeodo, Chibuzor Ukaibe, LEADERSHIP Group Ltd., be discontinued and the six counts against them are hereby withdrawn.”

Chief Adegboyega Awomolo (SAN), a private prosecutor, signed for the AGF and minister of justice, Mohammed Bello Adoke (SAN).