Abuja Pastor Seeks Judicial Review Of AK-47 Trial

Abuja Pastor Seeks Judicial Review Of AK-47 Trial

 

Uche Aigbe, the Presiding Pastor of the House on the Rock in Abuja, has taken steps to challenge his trial at the Federal Capital Territory (FCT) High Court.

Aigbe, previously arraigned before an FCT Magistrates Court for brandishing an AK-47 rifle during a church service in February 2023, appeared in court seeking a judicial review of the proceedings.

The pastor’s use of the firearm during a Sunday sermon on “Guarding your faith” led to his arrest, alongside Olakunle Ogunleye and Promise Ukachukwu, on charges including possessing a prohibited firearm, inciting disturbance, and aiding in the illegal possession of a firearm.

Senior Magistrate Mohammed Ismail at Zuba, Abuja, presided over the initial arraignment, citing Aigbe’s violation of Section 3 of the Firearms Act.

During Monday’s proceedings at the FCT High Court, Aigbe’s counsel, P.H. Ogbole, SAN, highlighted their motion seeking a judicial review of the lower court’s actions. Ogbole argued that the magistrate’s court infringed upon their right to a fair trial and questioned the court’s jurisdiction.

The motion, labeled M/13706/2023, alleges that the magistrate acted improperly during proceedings, including admitting evidence without proper review, violating the defendants’ right to a fair hearing.

Ogbole grounded the request in relevant legal provisions, including the 1999 Constitution, the FCT High Court Act, and procedural rules.

However, representing the commissioner of police, Inah Umoh, opposed the motion, urging the court to allow the trial to proceed in the lower court, citing jurisdictional matters.

Umoh stressed that the purpose of judicial review was to challenge instances where the trial court overstepped its jurisdiction, which was not the case here.

After hearing arguments from both sides, Justice Olukayode Adeniyi scheduled May 15 for a ruling on the application, indicating a potential turning point in Aigbe’s legal battle.

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