By Ameh John
A Federal Capital Territory High Court has nullified the criminal charge pending at the Grade 1 Area Court, Karishi against the Speaker of the House of Representative, Hon Femi Gbajabiamila.
In the matter of an application for judicial review for an order of certiorari, the House of Representative Speaker in a motion on notice brought pursuant to section 12 of the Federal Capital Territory, Abuja Area Courts Act, 2010, Order 44 Rule (A) and (2) of the High Court of the FCT Rules 2018, challenged the criminal proceedings instituted against him by the African Peoples Party.
Delivering judgement on the matter on Wednesday, the presiding judge, Justice Othman Musa quashed the criminal charge that was filed against Mr. Gbajabiamila at the Grade 1 Area Court, Karishi, Abuja on the ground that the lower court lacked jurisdiction to entertain and determine the matter.
“The lower court acted recklessly in a matter it has no jurisdiction to do so,” Justice Musa held.
In the suit marked: FCT/HC/BW/M/269/19, the judge further held that the allegation of disciplinary proceedings levelled against Mr. Gbajabiamila does not amount to a criminal conviction by a court of law.
Consequently, the court declared the proceedings and decisions of the Grade 1 Area Court of May 30, 2019, are a “unconstitutional, ultra vires, null and void.”
