Victory For Okpebholo As Abuja Grant Him Leave To Challenge Criminal Summons
The High Court of the Federal Capital Territory (FCT), Abuja, has granted Senator Monday Okpebholo leave to file for judicial review against a criminal summons issued by Magistrate Abubakar Mukhtar
The court order was made by Justice O.C. Agbaza following a motion ex parte filed on September 17, 2024.
The motion, referenced as M/12340/2024, was brought under Section 6 (6) (B) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the FCT High Court (Civil Procedure) Rules of 2018.
Senator Okpebholo sought judicial review through an order of certiorari and an order of prohibition against the magistrate’s ruling
The first respondent in the case, Mr. Honesty Aginbatse, had requested the criminal summons issued by the second respondent, Magistrate Mukhtar
In response, Okpebholo, through his legal counsel Adaze Andrew Emwante, Esq., argued that the issuance of the summons was flawed and required judicial intervention.
In his ruling, Justice Agbaza granted the applicant leave to proceed with the judicial review application, permitting Okpebholo to challenge both the criminal summons and the decision of the magistrate.
The judge also allowed the filing of an order of prohibition to prevent further actions based on the magistrate’s ruling.
Justice Agbaza emphasized the urgency of the case, noting that the affidavit presented by Okpebholo’s legal team warranted swift judicial consideration.
With this court order, Okpebholo now has the legal backing to challenge the summons and potentially nullify the magistrate’s ruling, pending a full hearing on the matter
