Barr J S Okutepa SAN, counsel to Austin Okay has submitted that the charges against Austin are strange to law, never understood by him in all his legal years.

He is challenging the jurisdiction of the court to entertain the the case. Reasons, the case on the charge sheet is between Austin Okai and the Federal Republic of Nigeria . But how can Yahaya Bello be tagged ‘Federal Republic of Nigeria Vs Austin’ while the spurious charges are said to be injurious to Yahaya Bello?

He further informed the court that Austin life is being threatened by aides of Yahaya Bello. As such asked for an interlocutory injunction to prevent Austin to be present in the court until the issue of whether the court can preside over the frivolous charges is determined.
He further informed the court that a petition by Austin has been submitted to the IG of police and copied the State Commissioner of police, SSS, him the lawyer, a copy of which he tendered to the court.

On amended charges brought to the court by the police prosecutor, the learned SAN, averred that it is against the procedure and administration of justice for the police to write fresh charges from his office and present to the court without FIRST approaching the court to seek it’s leave,a process the prosecutor has no legal right to undertake on his own volition.
He said Fresh charges can only emanate from Court when certain basic requirements of law like affidavit, requests and plea are tabled before the presiding judge who has the jurisdiction may or may not approved at his discretion.
In view of above, he termed the amended charges as worthless piece of papers. He is however happy to have it cos it has further exposed the prosecutor as engaging in political persecution of Austin instead of prosecution.
These he submitted via filed motions to the court.

The case has been adjourned till 31st May for ruling on the learned SAN’s application.

By swansy

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