AN OPEN LETTER TO ANAMBRA STATE ATTORNEY GENERAL, ON THE CRIMINAL CASE; AJMC/42C/2017; COP VS. DAMIAN OKOYE PLUS THRESS OTHERS, HOLDING AT AGUATA MAGISTRATE COURT.
16th August, 2020.
The information reaching us has it that you have already entered Nolle on the above criminal matter which is ongoing and which is coming up tomorrow 17 August 2020.
Your office indeed called up the file of the said case for review which was transmitted to you on Thursday 13th Of August 2020. Surprisingly, we started noticing jubilation and celebrations going round in the town, especially by the accused persons in the matter, that in fact your office has entered Nolle in this case even before the file has not yet been transmitted to you.
We know that you have the powers to do such thing but on the regard of public interrest, justice and in the prevention of abuse of court process.
It is also on record that this matter has a civil version which is ongoing and where the accused remains the complainant, and the nominal complainants are the defendants. Both issues have gone through every other judicial review in Anambra state, appeals were entertained, and judgment entered appropriately against the accused.
The nominal complainants have suffered all kinds of sharp practices, intimidation; they have spent resources in prosecuting this matter, funds which would be lost if eventually you enter nolle tomorrow.
It is also on record that you were in number of occasions briefed by both the prosecuting counsel and complainants in this matter as to how this matter was ongoing and in most of those briefs your we’re prayed to question the delay tactics and sharp practices which were deployed by the defence lawyer and his team. However, as no action came forth from you in addressing the holdups, the complaints by themselves petitioned the defence lawyer (Barr. Clifford Okoye) to NBA and judiciary disciplinary committee which your we’re also copied..you can not deny all these facts.
Therefore it would be most unfortunate if you exercised such discretion which is almost impossible of a state attorney general in such unique matter in such trying time of the judiciary and the nation at large.
You know it was brought to your attention in many occasions that this criminal matter is a unique one which has been an internal defence and hope for a subsisting civil matter which was instituted against the nominal complainants in this criminal matter. I mean, a civil suit was instituted against the nominal complaniants in this criminal suit, therefore in defending themselves an investigation was carried out and a premafecia was deduced, hence the prosecution.
Mr. Attorney General, how would you enter nolle without consulting your co-prosecutors which are the prosecuting counsel and the nominal complainants, I know the law doesn’t tell you to do that but conscience should.
Is it not on record that the complainants had visited your office to personal address you when they were tipped off on your decision to enter nolle since last year but on those occasions you refused or slightly turned them away?
However, we are still on the assumption hence this precautionary measure, but if the information is accurate, then bellow questions would arise.
- On what based was this Nolle entered?
- In what court was it entered.
- Can Nolle be predicted and celebrated by the accused or rather the beneficiaries before it is entered in the open court?
- What happens to the civil aspect of the same matrer where the would be beneficiaries of your nolle remains the complainants and the nominal complainants are the defendants.
- What will be the fate of the nominal complainants who have suffered so much to seeing that this natter was brought to this stage?
- If you know you would enter nolle, why then did you encourage the institution and rigorous sessions of this matter.
Therefore we pray that you call back any instruction to the effect of any nolle on this matter as it has not yet been officially effected.
Thank you.
Mr. Enemuo CC. Esq.
