Justice Mohammed Madugu of the FCT High Court, siting in Bwari has ordered that one Cecil Osakwe, a defendant in a case of alleged criminal intimidation be arraigned before the court.
Madugu ordered that Osakwe should be arraigned in the court on Nov. 6.
The judge gave the order in his ruling on Friday, following a motion for preliminary objection filed earlier by Osakwe’s Counsel, Mr Victor Giwa, asking the court to disregard the suit before it, based on an earlier judgment in another court.
Madugu, however, said that the earlier case with suit no: FCT/C/2435/2021, whose judgment was delivered by Justice Usman Othman in an FCT High Court in Jabi, Abuja was distinctively different from the one before him.
While noting that the parties involved in the matter were not the same and that the issues raised were also not the same, the judge explained that one was a civil case and the other, a criminal case.
“The defendant here is charged with potential criminal liability for a separate alleged offence, based on inquiries of police investigation, which includes intimidation, threat to life, harassment and fraud.
“The court is guided by principles of law. Civil and criminal matters are different. Civil matters do not automatically exonerate an individual from a potential criminal charge.
“I must emphasise, the judgement in a civil case with suit no: FCT/CV/2435/2021, does not absolve Mr Cecil Osakwe from a potential criminal activity.
“It is in the interest of justice that the defendant determines his innocence with respect to the claimant’s charge.’’
According to Madugu, the defendant is to be arraigned and plea charges filed against him.
“The arraignment is to provide the prosecution an opportunity, to prove the case beyond reasonable doubt while the defendant stands in defence.”
The judge while refusing the defence notice of preliminary objection also adjourned the matter until Nov. 6 for arraignment of the suspect.
The News Agency of Nigeria (NAN) reports that the defendant, Cecil Osakwe, a property developer, was charged with fraud and criminal intimidation of one Ms Asabe Waziri.
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Credit: News Agency of Nigeria
