From Godwin Tsa, Abuja
A retired Nigerian Air Force (NAF) Group Captain, Peter Bilal, has asked an Abuja Magistrate Court to strike out a direct criminal complaint lodged against him over an alleged threat to kill a neighbour, Dr Israel Emmanuel.
Although the case was scheduled for his arraignment on Thursday, the process was stalled by the absence of the presiding Magistrate, Oluwakemi Ariwoola, who was said to be indisposed.
However, in a notice of preliminary objection, the retired Air Force officer is seeking an order of court striking out or dismissing this Complaint with Suit No: CR/16/2022 together with the Motion on Notice filed therein with Motion No: MN/100/2022 Dr Israel Ibukun Emmanuel V Peter Bitrus Bilal for want of Jurisdiction.
The complainant, Dr Emmanuel, a medical doctor, who resides at Garki 2, Abuja, had filed a direct criminal complaint with case number: CR/16/2022 against the former Air Force officer.
He averred that Bilal, who also resides in the same estate, had continued to intimidate and harass him over allegations that he committed criminal trespass against him (Bilal).
“The defendant is a neighbour to the complainant and a retired Nigerian Air Force (NAF) personnel who resides at Flat 72, which is opposite the complainant’s own apartment (Flat 71) on the last Floor of Block D9, CBN I & J Estate, 9 Zaria Street, Off Ladoke Akintola Street, Garki 2, Abuja, within the jurisdiction of the Court,” he said.
According to him, he has suffered psychological torture, physical and psychological abuse, intimidation, untold and unquantifiable contempt, hatred, and ridicule from neighbours on account of the unrelenting and unremitting hostile attitude of the defendant (Bilal).
He said that Bilal, at one time, reported him at Garki Police Station on allegations that he tampered with his (Bilal’s) Abuja Electricity Distribution Company (AEDC)’s prepaid meter.
Emmanuel, who described the allegation as untrue, said Bilal had earlier made the same complaint to the other neighbours and occupants of the estate and that the estate technical personnel was called to investigate his claims and found this to be untrue.
But in urging the court to throw out the case for want of jurisdiction, the defendant had through his counsel, Luka Haruna filed a preliminary objection pursuant to section 6(6) (b) of the 1999 Constitution.
It is the contention of the defendant that by the procedure of Direct Criminal Complaint, this court is required to send the Complaint to the Nigerian Police Force for investigation after the plea of the Defendant.
That the complainant herein had already made the same Complaint herein to the Divisional Police Headquarters, Garki, Abuja against this same Defendant for proper investigation.
The complaint herein has consequently been duly and completely investigated by the Nigerian Police Force and Investigation Report has been issued by the police.
Following the police Investigation Report and its findings, the police have arrested, arraigned and commenced prosecution of the person found culpable in the process which is the Complainant herein.
Haruna informed the court that a 10pp00 criminal charge which has been preferred against the Complainant herein is contained in Charge No: CR/33/2022 C.O.P VS Israel Emmanuel pending before Court No. 14 of this honourable court presided over by Magistrate Olumide Bamosile.
That the complainant herein was arraigned on June 17 before Court No. 14 aforesaid on the basis of the thorough investigation of the same complaint made to the police by the Complainant himself in order to divert attention and cover his criminal acts actions in the name of being the nominal complainant.
The defence counsel submitted that it will amount to a house divided against itself if this honourable court continues to seek investigation into a complaint that has already been fully investigated by the police and a charge filed and arraignment of the suspected culprit already carried out and pending before Court No. 14 of this same honourable court.
The lawyer disclosed that the full trial of the Complainant herein will continue on July 8 at Court No. 14 of this honourable court.
He submitted that “it will be in the best interest of justice and fairness to allow Court No: 14 of this honourable court which has commenced trial on the charge preferred pursuant to the same complaint, to hear and determine all issues involved in this complaint in order to avert a situation of abuse of court process and/or two Judges of the same court delivering conflicting Judgments in respect of one and the same complaint.