BY ANAYO OKOLI
ABA—OKAFIA Autonomous Community in Igbere Clan, Bende Local Government Area of Abia State has petitioned Governor Theodore Orji over an alleged  revocation of a Fiat issued to a lawyer prosecuting a murder case involving an indigene of the community, Mr. Ojukwu Udeogu, murdered on February 14, 2008, in Aba, by the Attorney-General and Commissioner for Justice, Chief Umeh Kalu.

The community alleged that the Attorney-General revoked the Fiat issued to the lawyer to Udeogu family, Mr. Uche S. Awa, after the prosecution of the case had been concluded and judgment date fixed “solely on the grounds of selfishness and vindictiveness.”

The community said the Attorney-General revoked the power to prosecute issued to Awa because of alleged personal differences between the lawyer and the commissioner over the position taken by the Aba branch of the Nigerian Bar Association of which Awa is the chairman, on the issue of appointment of a substantive Chief Judge of the state.

Meanwhile,  the family of the deceased has petitioned the governor, protesting against the revocation of the Fiat to prosecute the murder case against the accused person.

The murder case is Charge No. A/10C/2009, State vs Donatus Nnanna Ogba. Donatus Ogba, who was alleged to have killed Mr. Ojukwu Udeogu, his landlord, in Aba on February 2008, is on trial before an Aba High Court 4, presided over by Justice O. Otisi.

Udeogu family and the community said their lawyer, Uche Awa, was consulted in 2009 to take over the prosecution of the murder case, who in turn applied and got a Fiat from the Attorney-General to prosecute the matter.

The Attorney-General, in a letter, HAG/S.448/VOL.1/34, dated July 21, 2009, in line with the powers conferred on him by Section 78[iii] of the High Court Law, Cap 48, Laws of Abia State of Nigeria 1991-2000, granted the Fiat to the lawyer.

Equipped with this authority, according to the petitions dated August 1, 2011, Awa commenced the prosecution of the murder case on October 6, 2009.

But in twist, the Attorney-General last week, two months to judgment date, revoked the Fiat and directed the lawyer “to return the original police case file relevant to the charge to this office on or before August 5th, 2011”. The revocation letter HAD/S.448/VOL.1/34 was dated July 29, 2011 and personally signed by the Attorney-General and Commissioner for Justice.

Udeogu family, in their petition, said that their lawyer has “so far taken all prosecution witnesses, including wife and son of the deceased, the Investigation Police Officer [IPO] and the medical doctor who conducted autopsy on the deceased, and prosecution closed his case on February 4, 2011.