Court strikes out criminal suit against Aregbesola - Nigerian Tribune

AN Abuja high court, on Monday struck out a criminal charge filed against Mr Rauf Aregbesola, who was last week declared winner of the 2007 governorship election in Osun State and his lawyer, Olayinka Okedara.
Justice Abubakar Talba gave the ruling after listening to an application by Aregbesola’s counsel, Mr Kunle Adegoke.

In his argument, Adegoke said, “there is a new development requiring the termination of this matter. The first accused person (Rauf Aregbesola) was declared governor of Osun State last Friday by the Court of Appeal sitting in Ibadan. Being one incident of judicial notice, I’m resting on the provision of Section 308 of the 1999 Constitution; I invoke the jurisdiction of this court to strike out the matter. Based on the fact that the provision in issue is the one clothing this matter within the ambit of immunity, hence I apply that the matter be struck out.”

The prosecuting counsel, Mr Bashir Olatunde, while agreeing that Aregbesola could no longer be prosecuted, said the same could not be said of the second accused (Okedara).

Asked by the trial judge if the accused persons could be prosecuted separately since they were charged together, Olatunde replied that he was ready to amend the charge so that the second accused could continue to face trial.

Justice Talba said, “court can’t even take the application because it involves the first accused (Aregbesola),” who is already clothed by immunity, adding that “it will be an exercise in futility. The moment the first accused is not in this matter, that is the end of the charge.” Justice Talba said since the accused “were charged jointly, it is not in doubt that by the declaration of the first accused as governor of Osun State, the charge has become defective.”

“It is not only the charge that is affected, the leave obtained to prefer the charge is also voided. The charge brought against the two accused is hereby struck out.”