Aluko Heads to Court: Vacate Arrest Bench Warrant
The embattled Secretary of the Peoples Democratic Party (PDP) in Ekiti State, Dr. Temitope Aluko, has filed a motion before an Ado-Ekiti Chief Magistrate's Court to quash the warrant of arrest against him.
Aluko, in a Motion on Notice filed yesterday, is seeking a court order to vacate the warrant of arrest given by Chief Magistrate Adesoji Adegboye on February 3 on four grounds.
The Motion on Notice was supported by a 12-paragraph affidavit deposed to by Ayo Daramola, a lawyer of Niran Owoseni and Co, a law firm in Ado-Ekiti, the state capital.
The applicant averred that the court lacks the jurisdiction to entertain the application as it was incompetent, an abuse of court process and that there was no
prima facie case of perjury before the court to warrant granting the order.
Aluko maintained that the February 3 order sought by the government was erroneously granted by the court.
His lawyers, Niran Owoseni and Wale Abimbola, who addressed a briefing shortly after the motion was filed, maintained that Aluko remains the Ekiti PDP Secretary.
They said this was because judgment in a case challenging his purported expulsion from the party alongside nine others has not been delivered.
Owoseni expressed disgust that Governor Ayo Fayose's media aide Lere Olayinka allegedly put the court order for the arrest of his client on Facebook on February 1, two days before it was delivered in court on February 3.
"It was rather curious that the court could go ahead and issue a warrant of arrest when there was no valid and existing charge against Aluko.
"The court must have been misled under this circumstance."
Owoseni added that Aluko did not swear to any affidavit to counter the statement alleged to have been made during the election petition trial in Abuja, where he purportedly said in an affidavit he deposed to that the June 21, 2014 governorship election was free, fair and credible.
The lawyer described this as a strong point that had vitiated the competence of the court to adjudicate on the motion ex parte brought by the government.
Owoseni said: "The purported offence was not committed in Ekiti State and there was no charge of perjury, pending before the court before the order was made.
"We have approached the same court because there was misrepresentation of facts which we want set aside.
"The chief magistrate's court has no power to issue the warrant of arrest."
Aluko, in a Motion on Notice filed yesterday, is seeking a court order to vacate the warrant of arrest given by Chief Magistrate Adesoji Adegboye on February 3 on four grounds.
The Motion on Notice was supported by a 12-paragraph affidavit deposed to by Ayo Daramola, a lawyer of Niran Owoseni and Co, a law firm in Ado-Ekiti, the state capital.
The applicant averred that the court lacks the jurisdiction to entertain the application as it was incompetent, an abuse of court process and that there was no
prima facie case of perjury before the court to warrant granting the order.
Aluko maintained that the February 3 order sought by the government was erroneously granted by the court.
His lawyers, Niran Owoseni and Wale Abimbola, who addressed a briefing shortly after the motion was filed, maintained that Aluko remains the Ekiti PDP Secretary.
They said this was because judgment in a case challenging his purported expulsion from the party alongside nine others has not been delivered.
Owoseni expressed disgust that Governor Ayo Fayose's media aide Lere Olayinka allegedly put the court order for the arrest of his client on Facebook on February 1, two days before it was delivered in court on February 3.
"It was rather curious that the court could go ahead and issue a warrant of arrest when there was no valid and existing charge against Aluko.
"The court must have been misled under this circumstance."
Owoseni added that Aluko did not swear to any affidavit to counter the statement alleged to have been made during the election petition trial in Abuja, where he purportedly said in an affidavit he deposed to that the June 21, 2014 governorship election was free, fair and credible.
The lawyer described this as a strong point that had vitiated the competence of the court to adjudicate on the motion ex parte brought by the government.
Owoseni said: "The purported offence was not committed in Ekiti State and there was no charge of perjury, pending before the court before the order was made.
"We have approached the same court because there was misrepresentation of facts which we want set aside.
"The chief magistrate's court has no power to issue the warrant of arrest."
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