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| Ugoji Nwabueze |
The trial of Governor Ben Ayade's Senior Special Assistant on Non-indigenes Affairs, Ugoji Nwabueze for alleged impersonation as President General of Ohanaeze Ndigbo, Cross River State Chapter, was yesterday, stalled at the State High Court, Calabar.
Mr. Nwabueze is being prosecuting by the Inspector General of Police, following a petition.
When the proceeding commenced, the defence counsel, Prof. Jacob Dada, had objected to the arraignment of his client, and informed the court that the conditions precedent for his trial had not been met.
Dada argued that the prosecution failed to avail the defendant the First Information Report stating his client’s alleged offence and the place of his trial.
Consequently, the trial judge ordered the defence counsel and prosecution counsel, Alex Ewa to pick a fresh date, and before which the necessary processes and hearing notice must be served on the defendant.
Speaking to journalists after the matter was adjourned; Dada said the condition precedent to the activation of the suit was not satisfied before February 7.
He said that the position of the defendant simply was that the prosecution should do what was required by law before the trial could proceed.
“My client was to be arraigned but arraignment could not proceed because what ought to have been done was not done.
“Significantly notice of trial ought to have been prepared and issued. It has not been prepared let alone issued on the defendant.
“So there is no way the defendant who is not aware of where he would be arraigned would make himself available for arraignment.
“The law is that a person who is accused of any infraction should be given fair hearing and fair hearing connotes that he should be given opportunity to be heard.
“There is no way you can say someone has been afforded opportunity to be heard when even the venue of trial was not known to him, that is the crux of our argument.
“There is no court order or pronouncement which says my client is not the current recognised, President of Ohanaeze Ndigbo, Cross River chapter.
“Any person that wants to be the President of Ohanaeze should go through the normal recognised route and not use the instrumentality of the judicial process and the police to throw up frivolous and unsustainable charge,’’ he said.
However, the prosecution counsel, Ewa, refused to comment on the matter, claiming that it would amount to media trial.
Justice Bassey Ebuta has adjourned the case, with number HC/82C/2021, to February 24, 2022 to allow the defendant in the case to be properly served notice of hearing and the charge.
Recall that Ohanaeze Ndigbo in Cross River has been embroiled in conflict over its leadership since early 2021.
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