An Abuja based Legal Practitioner, Obioma Ezenwobodo Esq. has written to the FCT Judicial Service Committee to restrain Area Courts in the FCT from further assuming jurisdictions in criminal matters contrary to the provisions of the Area Courts (Repeal and Enactment) Act 2010.
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In his letter sighted by TheNigeriaLawyer.com, the lawyer explained that by virtue of section 13 of the Act, the jurisdiction of Area Courts in the FCT is limited only to civil causes and lacks jurisdiction to hear and determine criminal matters.
According to him this statutory position has also received judicial pronouncements which are subsisting and yet to be overturned.
He noted; “By virtue of section 13 of the Area Courts (Repeal and Enactment) Act 2010, jurisdiction of Area Courts within the FCT is circumscribed to civil causes and does not extend to criminal causes. This provision was subject of interpretation in the case of Bar. Anugom Ifeanyi Chukwu v. Grand Kadi Sharia Court of Appeal Abuja and 2 Ors Suit No: FCT/HC/CV/2107/14 (Unreported) where your learned brother Hon. Justice Bolaji Belgore categorically held that all Area Courts in the Federal Capital Territory Abuja (of whatever grades) have no jurisdiction to hear and determine criminal cases or matters.
That line of decision by Belgore .J has been adopted and restated in plethora of cases by the honourable high courts of the FCT raging from:
Gladys Chukwu v. Hon. Gambo Garba Suit No: FCT/HC/M/4499/19 (Unreported);
Mr. Fredrick Chukwu v. Fathi & 1 Ors Suit No: M/4501/2020 (Unreported); and
Abdulahi v. C.O.P Suite No: M/2621/2019 (Unreported)”
He described recent attempts by Area Courts to assume criminal jurisdiction on certain matters as embarrassing, controversial and judicially unbecoming.
“The embarrassments this practice has generated are litany. A classic example is when on 23rd August 2021, a Judge of an Upper Area Court issued a direct criminal summons against Prof. Chukwuma Soludo (then gubernatorial aspirant in Anambra State) over allegations of perjury, corruption and false assets declaration which are completely outside the civil jurisdiction of an FCT Area Court.
Currently, an Upper Area Court, Zuba presided over by Hon. Ismaila Mohammed Jibrin is exercising criminal jurisdiction in a matter involving two Socialites, one Ned Nwoko and one Hauwa Sa’ idu Mohammed which is generating public interest embarrassment and may likely cause disenchantment amongst the citizens due to the fact that Area Courts in Abuja seemed to have become a tool of settling personal scores by some elites in the society. ”
He therefore called on the Chairman of the FJSC to take immediate actions to curb the trend which is in contempt of subsisting decisions of Honourable Courts of competent jurisdiction.
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