There was mild drama Wednesday at the Magistrate Court 3 Onitsha, as two lawyers clash over the prosecution of a case between the Commissioner of Police in Anambra State versus Nwaora Nezianya, male, 61 years and two others.
The Commissioner of Police Anambra State had arraigned Nworah Nezianya, 61 years, Obiefuna Nezianya, male, 52 years and Ernest Nezianya, male, adult and others now at large on three count Charge on alleged conspiracy to commit felony, stealing, forging of a letter with the letter headed paper of Chief Moses Azuogalanya Nezianya’s family Estste, to steal the sum of ten million, two hundred and fifty five thousand four hundred and fifty Naira only, (N10,255, 450.00)
However, the nominal complainants in the case had engaged a popular Onitsha born lawyer, Olisa Machie, Esq, who secured the Fiat of the Attorney General of Anambra State, for diligent prosecution on the matter.
The Fiat reads, “Government of Anambra State of Nigeria. Attorney General’s Chambers, P.M.B. 5086. Awka. Charge No: MO/569c/2019 Commissioner of Police Vs. Nworah Nezianya and two orders. Authority to Prosecute”
“In the exercise of the powers conferred by Section 77 ( 1 ) (b)(iii) of the Magistrate Court Law Cap. 88 revised Laws of Anambra State of Nigeria 1991, and all other powers enabling me in that behalf, I, Dr Mrs Obianuju Nwogu, Attorney General of Anambra State authorize: Olisa Machie, Esq Solicitor and Advocate of the Supreme Court of Nigeria, to prosecute the above case, namely: Charge No. MO/569c/2019.
“Commissioner of Police Vs. Nwaorah Nezianya and two others, it is hereby specifically provided that this authority include powers by the prosecutor to amend /or add to the said Charge if necessary. It is further specifically provided that the prosecution must not withdraw the charge except by the Hon. Attorney’s written approval. Dated at Awka this 10th day of December, 2019. Dr Mrs Obianuju Nwogu. Hon. Attorney General.”
However, on securing the Attorney General’s Fiat to prosecute the case and after getting the Court approval for amendments in the Charge, Machie include Damian Okolo, male adult, Fidelix Aguleri, male 61 and Mrs Victoria Osieme, female, adult.
However drama ensued at the Magistrate Court 3 presided over by His Worship N A Ozumba, when the case was called up the nominal complainants were present in the Court but the defendant were absent, however,Mary C Ukekwe Onyeghalum, a state counsel from Ministry of Justice Anambra State, appeared as prosecutor just as Mr. Machie who was personally present in the court also stood as the prosecutor.
Following the appearance of Mr. Machie and Onyeghalum, the Magistrate became surprise, asking who is actually the prosecutor in this matter. While Onyeghalum was claiming that she is the prosecutor in the matter, Machie told the Court that he secured the Attorney General’s Fiat to procedure the matter and the Fiat has not been nullified or withdrawn, wondering who gave the state counsel the authority to act as prosecutor in the matter.
The Magistrate therefore, ruled that the two lawyer Machie and Onyeaghalum, should go back to the Attorney General, Chika Ifemeje, to resolve on who is the proper prosecutor in the matter
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