The leader of the House on the Rock church in Abuja, Uche Aigbe, who was taken to an FCT Magistrates Court for having an AK-47 gun, has gone to a High Court in the Federal Capital Territory to ask for a judicial review of his trial.
Aigbe did this during a Sunday church service in February 2023, when he stood at the pulpit with an AK-47 rifle to demonstrate his sermon about “Guarding your faith.”
He was then put on trial along with Olakunle Ogunleye and Promise Ukachukwu for owning a banned firearm (AK-47 rifle), causing trouble, and helping with illegal firearm possession.
They were presented before Senior Magistrate Mohammed Ismail at Zuba, Abuja.
Aigbe was specifically charged with breaking Section 3 of the Firearms Act, Cap F28 Law of the Federation.
At the FCT High Court on Monday, the defendants' lawyer, P.H. Ogbole, SAN, informed the court that they filed a motion on notice to request a judicial review of the proceedings at the lower court.
He also brought up jurisdictional problems and asked the court to accept their requests.
In the motion on notice marked M/13706/2023, the lawyer claimed that the magistrates’ court violated their fundamental rights to a fair hearing during one of its proceedings.
He stated, “The events of March 28, 2023, at the Zuba Magistrate’s Court, where the magistrate got involved in the conflict, are incorrect, showing a misunderstanding of the law and a violation of their basic right to a fair hearing.”
He also asked for a statement, among other things, ”That the events of June 19, 2023, at the Magistrate’s Court in the trial of the applicants where the magistrate allowed a compact disc as evidence without checking the content of the exhibit in the open court are incorrect, showing a misunderstanding of the law and a violation of their basic right to a fair hearing.”
The lawyer stated that the motion was brought according to Section 227(2) of the 1999 Constitution (as amended); Sections 19 and 33 of the FCT High Court Act Cap 510 LFN 2007; Order 44 Rule 1 of the FCT High Court Civil Procedure Rules, 2018.
On his part, the police commissioner's lawyer, Inah Umoh, asked the court to reject the application.
He wanted the court to let the lower court carry on with the case.
“The purpose of a judicial review is to demonstrate that the trial court overstepped its boundaries.
“In this case, Section 27(4) and (5) give jurisdiction to the court to try such offence summarily,” he added.
After hearing from both legal representatives, Justice Olukayode Adeniyi set May 15 to make a decision about the application.
