Dr Aluko has filed the application to challenge the order granted by the same Chief Magistrate Court which issued warrant of arrest empowering his arrest, investigation and prosecution. Aluko was alleged to have committed the offence of perjury and the court granted a warrant to the Commissioner of Police to arrest and prosecute for the alleged offences. Counsel for the defendant, Mr Niran Owoseni, urged the court to strike out the order as, according to him, no charge of perjury have been investigated and pending before the court. The Director of public prosecution in the state, Mr Gbemiga Daramola, who led the team of state legal officers, represented the state as respondent application. Mr Daramola objected to the application on notice with a 13-paragraph deposed to by Lere Olayinka and attached exhibits with it. The DPP who said the ruling of the court over the allegation of perjury has a force of a judgement submitted that the court has no jurisdiction to review its judgment. Daramola said that a television aired the interview in Lagos will not take away the jurisdiction of court and since the suspect, Dr Tope Aluko, was resident in Ekiti State. He said Aluko gave his address on oath to the Electoral commission as No 1, Fayose House Afao-Ekiti, hence the order of the court was validly made. Daramola posited on point of law that the state has observed the rule of law which stipulated that Tope Aluko cannot be arrested without a warrant of arrest. The DPP who advised Aluko to make himself available to the Police for prosecution said there was no need to file a charge before the issuance of warrant of arrest. Mr Daramola posited that because the defence counsel filed process without his stamp and seal has rendered the application on notice legal valueless and urged the court to discountenance the application for lack of merit. The Presiding Chief Magistrate, Adesoji Adegboye, adjourned the case for ruling till March 29.]]>