AFTER
eight days in police custody, the Majority Leader of the Rivers State
House of Assembly, Mr. Chidi Lloyd, on Wednesday, finally appeared
before a High Court in Port Harcourt.
Lloyd, arraigned on six counts of
attempted murder, conspiracy, assault and malicious damage, arrived at
the court about 10.52am accompanied by riot policemen and other security
operatives.
Clad in blue attire, the lawmaker limped as he entered the court premises, supported by two unidentified persons.
The offence of the PDP lawmaker, who was
reportedly involved in the fracas in the State Assembly on July 9,
2013, the prosecution said, was contrary to Section 320 of the Criminal
Code Law, Cap 37 laws of Rivers State of Nigeria 1999.
Lloyd allegedly hit his fellow lawmaker, Mr. Michael Chinda, with a fake mace during a fight at the Assembly chamber.
During the hearing, the prosecution
counsel, Mr. Donald De-wigwe (SAN), objected to the state
Attorney-General and Commissioner for Justice, Mr. Worgu Boms’ plea to
take over the criminal proceeding.
De-wigwe argued that Boms could not take
over the court proceedings since there was no proper arraignment of the
accused before the court.
De-wigwe said, “Judicially, the argument
does not stand. It is not a law of today. The issue is that whether or
not there is a criminal proceeding before the court. Until plea is
taken, there is still nothing for the attorney-general to takeover.”
Referring to legal authorities to defend
his argument, De-wigwe said the attorney-general’s attempt to take over
the criminal proceeding of the court was premature.
Boms had earlier noted that Section 211 of the 1999 Constitution, as amended, empowered him to take over the case.
Noting that the measure was necessary in
the interest of justice, the Attorney-General insisted that the alleged
offence was against the state.
He added, “I stand here by the powers
conferred on me by Section 211(1)(b) of the 1999 Constitution to take
over the prosecution of the matter between the Commissioner of Police
and Chidi Lloyd.”
Also, Lloyd’s lead counsel, Mr.
Beluolisa Nwofor (SAN), who objected to the appearance of De-wigwe and
other lawyers for the prosecution, explained that as private lawyers,
they needed to obtain a fiat from the state Attorney-General to
prosecute the matter.
Nwofor said, “I object to De-wigwe’s
appearance for prosecution. He is not a police officer, but a private
practitioner. The law requires that for a private practitioner to appear
in a criminal charge by the Commissioner of Police, he should tender a
fiat from the Attorney-General of the state.
“I urge the court to expunge the
appearance of all the lawyers announced by the SAN, except J.C.A.
Ideachaba, a Superintendent of Police, who filed the information.”
He argued that the letter presented to the court by De-wigwe was not enough as far as the law was concerned.
De-wigwe, however, disagreed saying the state Commissioner of Police initiated the charge not the state Attorney-General.
Justice Nyordee adjourned the case till
August 6, 2013 to rule on the submissions of the opposing counsel as it
concerned the declaration for a takeover of the criminal proceedings by
the Attorney-General.
Meanwhile, there was tight security at the court premises as security operatives frisked all that entered the courtroom.
Culled From Punch
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