Mary Akanbi
29th December, 2024
In its ruling delivered on 18th December, 2024, in CHARGE NO: EBMC/12C/2024, in respect of a Preliminary Objection raised by Counsel to Mr. Whiteman Nwekpe, the defendant/applicant, on the ground of want of territorial jurisdiction, the Eberi-Omuma Magistrate Court dismissed the said preliminary objection and held that what determines the territorial jurisdiction of a court is statutory as well as the location where the alleged crime was committed.
Accordingly, the court held the position that, from the Statute creating the Eberi-Omuma Magistrate Court as well as other courts within Eberi-Omuma, Umuru Community, where the alleged crime was committed, is clearly within the territorial jurisdiction of the Eberi-Omuma Magisterial District.
Additionally, the court held that the Prosecution has also placed relevant Government official documents before the court which shows that that Umuru Community is within the Territorial Jurisdiction of the Eberi-Omuma Magistrate Court. On the other hand, in dismissing the Preliminary Objection, the court held that, the affidavit evidence of the Defendant/Applicant was too watery and without weight.
The court also noted with utter dismay how the Defendant has absented himself from the court proceedings and ordered that the Police should arrest him on sight if he fails to attend court on the next date of hearing.
The case before the Eberi-Omuma Magistrate Court arose from a two count charge which reads as follows:
“COUNT I
That you WHITEMAN E. A. NWEKPE ‘M’, on 6th of March, 2024, at Umuru Ofeh, in Omuma Magisterial District, did unlawfully assault on David Okere ‘M’ by using a wheel spanner to hit his head, that caused him harm and thereby committed an offence punishable under section 355 of the Criminal Code Cap 37, Laws of Rivers State of Nigeria 1999.
COUNT II
That you WHITEMAN E. A. NWEKPE ‘M’, on the same date and time in the aforesaid Magisterial District, did forcibly enter in a farm land belonging to Umuru Ofeh Community with intent to sell some parcel of the land that was in peaceful possession of Umuru Ofeh Community and thereby committed an offence punishable under section 81 of the Criminal Code Cap 37, Laws of Rivers State of Nigeria 1999.”
This case underscores the effort of local communities in Rivers State to fight land grabbing using the instrumentality of the law.