Alleged possession of firearm: Court to rule in House on the Rock pastor’s plea on ‘judicial review’ of trial

An Abuja High Court  on Monday fixed May 15 for ruling in a motion filed by a pastor of the House on the Rock, Uche Aigbe and two others, seeking a judicial review of their trial before an FCT Magistrates Court.

Justice Olukayode Adeniyi fixed the date after listening to the submissions of both counsel in the matter.

While fixing the date, he ordered both counsel to also supply their additional authorities cited and serve same.

He then adjourned until May 15 for ruling.

Earlier, Counsel for the applicants P.H. Ogbole, SAN, told the court his client was seeking a judicial review of the proceedings at the lower court (Zuba Magistrates’ court).

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He raised the issues of jurisdiction and urged the court to grant his client’s prayers.

Responding, Inah Umoh, counsel for the commissioner of police, FCT, told the court the prosecution attached the AK47 rifle with magazine as exhibit.

”The essence of a judicial review is to show that the trial court exceeded its jurisdiction.

”In this case, section 27(4)and(5) gives jurisdiction to the court to try such an offence summarily,” he argued.

He therefore urged the court to dissonance the applicants’ argument and allow the lower court to continue with the matter.

Aigbe was alleged to have been seen in a viral video on February 12, 2023 wielding an AK-47 rifle on the altar of the church while preaching.

The sermon, was titled, “On your guard, stand firm in the faith; be courageous; be strong”,

Others charged are Pastors Olakunle Ogunleye and Pastor Promise Ukachukwu.

They were charged by the police before Senior Magistrate Mohammed Ismail  on three counts of sitting at Zuba, Abuja, with possession of prohibited firearms, inciting disturbance and abetting illegal possession of firearms.

Aigbe was further accused of making inflammatory statements with intent to cause or likely to cause breach of peace contrary to the provision of Section 114 of the Penal Code Act and punishable under the same section.

After the closure of the prosecution’s case, the defence counsel filed a no-case submission, which the court, however, dismissed on August 10 and ordered the embattled pastor to enter his defence in the case, marked CR/06/2023.

Not satisfied with the proceedings at the lower court, the defendants approached the High Court to seek judicial review of their trial.

Their motion on notice, marked M/13706/2023, was brought pursuant to Section 227(2) of the 1999 Constitution (as amended) ; Sections 19 and 33 of the FCT High Court Act Cap 510 LFN 2007; Order 44 Rule 1 of the FCT High Court Civil Procedure Rules, 2018.

The applicants sought a declaration that the proceedings of March 28, 2023 at the Zuba Magistrate’s Court wherein the magistrate descended into the arena of conflict is wrongful, in clear misapplication of the law and a violation of their fundamental right to fair hearing.

They further sought declaration, among others, that the proceedings of June 19, 2023 at the Magistrate’s Court in the trial of the applicants wherein the magistrate admitted a compact disc as exhibit without viewing the content of the exhibit in the open court is wrongful, in clear misapplication of the law and a violation of their fundamental right to fair hearing.

Also joined in the suit are Commissioner of Police and Magistrate Abdulazeez Ismail Muhammed as respondents in the motion on notice.