By Edith Nwapi
An FCT High Court fixed Nov. 15 to hear a motion filed by the presiding pastor of the House on the Rock, Abuja, Uche Aigbe and two others, seeking judicial review of their trial before an FCT Magistrates Court.
Justice Olukayode Adeniyi after listening to counsel in the matter held that the court’s earlier order of stay of proceedings at the lower court made on Oct. 18, still subsists.
He then adjourned the matter until Nov. 15 for hearing of the motion.
Aigbe, was seen in a viral video on Sunday, Feb 12, 2023 wielding an AK-47 rifle on the altar of the church to while preaching.
The sermon, was titled, “On your guard, stand firm in the faith; be courageous; be strong”,
Pastor Olakunle Ogunleye and Pastor Promise Ukachukwu were also charged alongside Aigbe.
They were charged by the police before Senior Magistrate Mohammed Abdulazeez Ismail sitting at Zuba, Abuja, on a- three-court charge bordering on possession of prohibited firearm, inciting disturbance and abetting illegal possession of firearm.
Aigbe was alleged by the police of unlawful possession of prohibited firearm, contrary to Section 3 of the Firearms Act Cap F28 Law of the Federation.
He was further accused of making inflammatory statements with intent to cause or likely to cause breach of peace contrary to the provision of Section 114 of the Penal Code Act and punishable under the same section.
After the closure of the prosecution’s case, the defence counsel filed a no-case submission, which the court, however, dismissed on Aug. 10 and ordered the embattled pastor to enter his defence in the case, marked CR/06/2023.
Not satisfied with the proceedings at the lower court, the defendants approached the High Court to seek judicial review of their trial.
Their motion on notice, marked M/13706/2023 ,was brought pursuant 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.
The applicants sought a declaration that the proceedings of March 28, 2023 at the Zuba Magistrate’s Court wherein the magistrate descended into the arena of conflict is wrongful, in clear misapplication of the law and a violation of their fundamental right to fair hearing.
They further sought declaration, among others, that the proceedings of June 19, 2023 at the Magistrate’s Court in the trial of the applicants wherein the magistrate admitted a compact disc as exhibit without viewing the content of the exhibit in the open court is wrongful, in clear misapplication of the law and a violation of their fundamental right to fair hearing.
The applicants joined FCT Commissioner of Police and Magistrate Abdulazeez Ismail Muhammed as respondents in the motion on notice.
At the resumed hearing of the case on Monday, counsel for the police, Umo Inna told the court that the case’s processes and the file was only handed over to him today.
He, therefore, sought an adjournment to enable him respond appropriately to the applicants’ processes.
The applicants’ counsel did not object to the request for adjournment. (NAN)
