News

January 27, 2011

Umuadu Constitution: Court adjourns ruling to March 15

A Magistrate court at Umuhu  Okabia, Orsu Local council of  Imo State, presided over by Henrieta Egbeji, has reserved ruling for March 15 in the case of  withdrawal of suit on alleged  forgery of Umuadu Development Union constitution  between Imo State Commissioner of Police and Chief Nelson Opara.

Mr.  Oliver Okpara-Orjiakor, ex-president general of Umuadu Development Union, had filed a petition against Chief Nelson Opara and another to the Commissioner of Police alleging that they forged the constitution of Umuadu  Development Union, UDU. In a suit,  number MOS/33C/2009,  the CP had prosecuted Opara and another person based on the allegation.

When the case was mentioned for hearing on Tuesday, the state counsel, Mrs. Christiana Izuagwu, had drawn the attention of the trial  magistrate of the notice of  intension  to withdraw a motion filed earlier on  December 7 last year, stressing that it was the prosecution’s decision.  The counsel  requested  that the case be transferred to the Attorney General of the State for purposes of preferring an information.  Izuagwu cited Section 18 EE and 18 JJ of criminal procedural edit number 19 of 1974, stressing that such matter could be transferred to the Attorney-General of the state on such occasion.

Egbeji  ruled, accepting that the motion earlier filed on December last year be withdrawn.

The defendant’s counsel, Edward Igboko, argued against granting the prayer by the state counsel that the matter be transferred to the Attorney General of the state, arguing that both parties had agreed to withdraw the case entirely and settle at home. Igboko  argued further that in such circumstance, if the parties involved in such a case decided to settle and withdraw their case, there would be no need to continue the matter.

Magistrate Egbeji then adjourned for ruling on March 15.