Enugu-based legal practitioner, Ogbonna Chukwu, is standing trial for alleged forgery, false information, and intent to defraud the estate of the late Mr Okwudili Aneke.
By Ifeoma Aka
Enugu-based legal practitioner, Ogbonna Chukwu, is standing trial for alleged forgery, false information, and intent to defraud the estate of the late Mr Okwudili Aneke.
Enugu State Government is prosecuting Ogbonna on a three-count charge bordering on forgery, false information, and attempt to fraudulently claim property belonging to the late Aneke.
The State Counsel, Mrs Chioma Chukwudi, said the property had been placed under the care of Mr Victor Ekwo, who was granted power of attorney to manage it.
Following Aneke’s untimely death, Ogbonna, who is married to the deceased’s niece, allegedly attempted to claim ownership of the property, arguing that the deceased had no children with his wife.
However, it was later revealed that the deceased had a son, Sheldor Aneke, from a previous relationship.
At the Enugu State High Court on Wednesday, the defence counsel, Mrs C.I. Akwue, challenged the court’s jurisdiction to hear the matter, claiming that the case was already being prosecuted at the Enugu East Magistrates’ Court.
According to Akwue, two courts of coordinate jurisdiction cannot prosecute the same matter simultaneously.
She told the court that her client preferred the case to continue at the magistrates’ court.
She also accused the State Attorney-General, Dr Kingsley Udeh, of “forum shopping”, seeking out a court that might deliver a favourable ruling, describing the action as an abuse of judicial process.
Responding, Chukwudi opposed the motion, stating that the matter had been lawfully discontinued at the magistrates’ court.
She argued that the attorney-general was constitutionally empowered to prosecute any criminal matter in a court of competent jurisdiction, a power that could not be questioned by the defendant.
Chukwudi noted that both Ogbonna and his counsel were present in court on June 13 when the case was formally withdrawn from the magistrates’ court, expressing surprise that they were now challenging that decision.
She said that the case would proceed in the state high court since the earlier proceedings had been terminated, adding that the defendant could not dictate the attorney-general’s prosecutorial decisions.
Justice R.N. Orji subsequently adjourned the matter to July 16 to hear the motion challenging the jurisdiction of the Enugu State High Court.
Orji held that the adjournment would allow the defence counsel and her client time to study the ruling of the magistrates’ court.(NAN)(www.namnews.ng)