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AGF, police fight over suit accusing ex-Imo Gov. Ohakim of blackmail

The court held that the AGF had unfettered powers to take over the prosecution of any case.

• September 27, 2021
Abubakar Malami, Ikedi Ohakim, and Usman Alkali Baba

The Federal High Court, Abuja, has fixed October 21 for the arraignment of the former governor of Imo State, Ikedi Ohakim, for allegedly threatening to release nude photos of an Abuja-based woman, Chinyere Amuchienwa.

Justice Taiwo Taiwo ordered the Attorney-General of the Federation and Minister of Justice to take over the prosecution of Mr Ohakim from the Inspector-General of Police at the resumed trial on Monday.

The police had filed criminal charges against Mr Ohakim and Chinedu Okpareke over the alleged threat to life and the threat to release nude pictures of Ms Amuchienwa.

However, before Mr Ohakim’s arraignment, the police filed a notice of discontinuance of the matter on March 15, the same day Mr Malami informed the court he was taking over the matter.

According to the charge, Mr Ohakim and Mr Okpareke threatened to release nude photographs of Ms Amuchienwa if she failed to drop charges of attempted kidnap against them.

On the last adjourned date, a counsel from the minister’s office, Bagudu Sani, told the court the police would no longer prosecute the case as they had filed a notice of discontinuance.

Mr Sani said the matter, as originally filed by the police, had been transferred to the office of the AGF, which had gone ahead to file an affidavit of compliance.

Counsel to the police, Rufus Dimka, opposed the application by the minister, saying that the police had filed a complainant/applicant’s counter-affidavit.

Mr Dimka prayed the court to grant the notice of discontinuance and strike out the charge.

Meanwhile, counsel to Mr Ohakim, Emeka Etiaba, opposed the request by the AGF to take over the matter and prayed the court to dismiss the application.

Mr Etiaba said the content of the affidavit of compliance by the AGF did not affect the consequence of the notice of withdrawal of the charge against his client.

In his ruling, Mr Taiwo held that the AGF had unfettered powers to take over the prosecution of any case at any point.

He said the AGF could do that as long as judgment had not been delivered in such a case.

The judge said since the constitution had given the AGF such powers, the court could not give effect to the notice of discontinuance filed by the police.

He held that the application by the police to discontinue the matter lacked merit and upheld the argument by the AGF to take over the prosecution.

He subsequently adjourned the matter until October 21 for the arraignment of the former governor and the beginning of the trial.

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