AFTER eight days in police custody, the
Majority Leader of the Rivers State House of Assembly, Mr. Chidi Lloyd, on
Wednesday, finally appeared before a High Court in Port Harcourt.
Lloyd, arraigned on six counts of attempted
murder, conspiracy, assault and malicious damage, arrived at the court about
10.52am accompanied by riot policemen and other security operatives.
Clad in blue attire, the lawmaker limped as he
entered the court premises, supported by two unidentified persons.
The offence of the PDP lawmaker, who was
reportedly involved in the fracas in the State Assembly on July 9, 2013, the
prosecution said, was contrary to Section 320 of the Criminal Code Law, Cap 37
laws of Rivers State of Nigeria 1999.
Lloyd allegedly hit his fellow lawmaker,
Mr. Michael Chinda, with a fake mace during a fight at the Assembly chamber.
During the hearing, the prosecution counsel,
Mr. Donald De-wigwe (SAN), objected to the state Attorney-General and
Commissioner for Justice, Mr. Worgu Boms’ plea to take over the criminal
proceeding.
De-wigwe argued that Boms could not take over
the court proceedings since there was no proper arraignment of the accused
before the court.
De-wigwe said, “Judicially, the argument does
not stand. It is not a law of today. The issue is that whether or not there is
a criminal proceeding before the court. Until plea is taken, there is still
nothing for the attorney-general to takeover.”
Referring to legal authorities to defend his
argument, De-wigwe said the attorney-general’s attempt to take over the
criminal proceeding of the court was premature.
Boms had earlier noted that Section 211 of the
1999 Constitution, as amended, empowered him to take over the case.
Noting that the measure was necessary in the
interest of justice, the Attorney-General insisted that the alleged offence was
against the state.
He added, “I stand here by the powers conferred
on me by Section 211(1)(b) of the 1999 Constitution to take over the prosecution
of the matter between the Commissioner of Police and Chidi Lloyd.”
Also, Lloyd’s lead counsel, Mr. Beluolisa
Nwofor (SAN), who objected to the appearance of De-wigwe and other lawyers for
the prosecution, explained that as private lawyers, they needed to obtain a
fiat from the state Attorney-General to prosecute the matter.
Nwofor said, “I object to De-wigwe’s appearance
for prosecution. He is not a police officer, but a private practitioner. The
law requires that for a private practitioner to appear in a criminal charge by
the Commissioner of Police, he should tender a fiat from the Attorney-General
of the state.
“I urge the court to expunge the appearance of
all the lawyers announced by the SAN, except J.C.A. Ideachaba, a Superintendent
of Police, who filed the information.”
He argued that the letter presented to the
court by De-wigwe was not enough as far as the law was concerned.
De-wigwe, however, disagreed saying the state
Commissioner of Police initiated the charge not the state Attorney-General.
Justice Nyordee adjourned the case till August
6, 2013 to rule on the submissions of the opposing counsel as it concerned the
declaration for a takeover of the criminal proceedings by the Attorney-General.
Meanwhile, there was tight security at the
court premises as security operatives frisked all that entered the courtroom.
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