Court strikes out motion to stop Tope Aluko's arrest

In his ruling, Adegboye said Aluko's motion filed by his counsel, Mr Niran Owoseni, said the motion was a mere academic exercise, time wasting and abuse of court process.

Based on the Ekiti State Government and the State Commissioner of Police had filed a Motion Ex-parte number MAD/10cm/2016 against Aluko, the Chief Magistrate had ordered his arrest and prosecution for alleged perjury on February 3, 2016.

According to the order, the motion was made in pursuant to Section 117 of the Criminal Code Law, Cap C16, law of Ekiti State 2012, Section 79 of the Ekiti State Administration of Criminal Justice Law 2014 and Section 23 (D) of the Magistrates’ Courts Law 2014.

The Ekiti State police commissioner was joined as second defendant and was required to execute the order against Aluko.

However, Aluko had through his counsel, filed a motion to challenge the jurisdiction of the Chief Magistrate Court to issue the warrant of arrest against him for allegedly committing the offence of perjury during an interview on Channel Television.

READ: ‘Fayose is trying to kill me,’ Tope Aluko

Aluko’s counsel, Owoseni had argued that Section 7 of Magistrate Law, 2014 specified that the magistrate court cannot act outside its territorial jurisdiction, describing the court action as incompetent and abuse of court process.

The Director of Public Prosecution (DPP), Mr Gbemiga Adaramola, who opposed the motion on notice, argued that since the warrant of arrest was a substantive matter, the ruling had a force of judgment.

While urging the court to strike out the motion, Mr Adaramola posited that the Chief Magistrate Court lacked jurisdiction to review its own judgement.

Aluko's travail started after he revealed on Channels TV how Governor Ayodele Fayose and soldiers sent to Ekiti State by former president Goodluck Jonathan to rig the 2015 governorship election in the state.