Obono Obla Lauds Supreme Court Judgment Dismissing Olisa Metuh's Appeal, Describes It As Epochal

According to him “The decision by the Supreme Court of Nigeria dismissing the appeal of the former National Publicity Secretary of the Peoples Democratic Party , Olisa Metuh concerning the interpretation of Section 396 subsection 1 of the Administration of Criminal Justice Act 2015 is quiet commendable and momentous “. Chief described this decision as epochal and said it will surely help in the quest to bring justice to those who have looted the treasury and other criminal suspects. “The kernel of the decision is that an objection to the jurisdiction of the trial Court by a defendant in a criminal matter must be taken after the plea of the accused person or defendant but the ruling shall be delivered together with the substantive issues at the end of the trial.The Supreme Court espoused the provision of Section 396 (2)of the Administration of Criminal Justice Act 2015 which provides as follows thus : ” After the plea has been taken, the defendant may raise any objection to the validity of the charge or information at any time before judgment provided that any such objection shall only be considered along with the substantive issues and a ruling therein made at the time of the delivery of the judgment”, he said. “The previous practice (which the legislature of Section 396 (2) of the Administration of Criminal Justice Act sought to cure) was that upon a preliminary objection raise by an accused person or defendant to the jurisdiction or validity of a charge or information by accused person; the Court was bound to take argument from both parties and deliver a ruling.” Chief also stated that “Most often than not the accused person would appeal such a ruling to the Court of Appeal; and was at liberty to pursue it to the Supreme Court in the event the Court of Appeal dismiss his appeal. This practice led to profound abuse and became a clog in the wheel of justice”.]]>