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A Chief Magistrate Court in the Federal Capital Territory, FCT, has ordered that a 3-count criminal charge be proceeded against the Presiding Pastor of the House On The Rock Church, Wuye, Abuja, Pastor Uche Aigbe for unlawful possession of AK-47 Gun with two others.
This followed the dismissal of the request of the Pastor and his two co-accused persons to stop the criminal charges brought against them by the Police for lacking in merit.
Delivering ruling in the no-case submission of the three accused persons, Chief Magistrate
Abdulazeez Ismail held that a prima facie case “been a substantive evidence” established against them by the prosecution team, headed by an Assistant Commissioner of Police, James Idachaba.
Magistrate Ismail while dismissing the no case submission said that from the totality of the evidence presented by the prosecution during trial, substantive evidence has been established against all the three defendants”
In the ruling, Magistrate Ismail
said that the court was invited to determine whether a prima facie case had been made by the prosecution against the defendants or not.
A prima facie case, according to him, is one that has been supported by sufficient evidence for it to be taken as conclusive prove in the absence of cogent evidence to the contrary.
Shortly after the ruling, the new counsel to the defendants, Barrister Okposong Edidiong Ubeh sought for an adjournment pursuant to Section 36 (A) of the 1999 Constitution..
Magistrate Ismail granted the adjournment request and shifted further trial till September
7, 2023.
The embattled Pastor had battled to get the 3-count criminal charges quashed by the Court on the grounds that he was not effectively linked with the charges against him.
The no-case argument was however turned down and thrown out by the court on the grounds that it lacked merit.
The police had charged Uche Aigbe, Promise Ukachukwu and Olakunle Ogunleye with criminal conspiracy, illegal possession of prohibited firearms, inciting disturbance, and criminal intimidation, which they pleaded not guilty to.
The prosecution counsel, Assistant Police Commissioner, James Idachaba, had informed the court that the defendants got the firearm from Inspector Musa Audu, attached to Wuye Division, posted to the said Church.
Garry Ochigbo, Edited By Grace Namiji
Written by: Elizabeth David
Charges FACE Gun KFM929 PASTOR Possession
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