Court Dismisses Arrest Warrant Against Aluko | Independent Newspapers Limited
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Court Dismisses Arrest Warrant Against Aluko

Temitope Aluko
Posted: May 13, 2016 at 6:12 pm   /   by   /   comments (0)

An Ekiti State High Court sitting in Ado Ekiti has dismissed a warrant of arrest issued against a former Secretary of the Peoples Democratic Party in Ekiti, Dr. Temitope Aluko.

A Chief Magistrate’s court in Ado Ekiti had on February 3 ordered the State Commissioner of Police, Etop James, to arrest and prosecute Aluko for alleged perjury.

Chief Magistrate Soji Adegboye granted the order following a motion exparte moved by the state Director of Public Prosecution, Mr. Gbenga Adaramola.

Aluko had in confessional statements made to media revealed how the PDP rigged the June 21, 2014 governorship election for Governor Ayodele Fayose.

He also claimed that President Goodluck Jonathan gave Fayose N4.7bn cash to prosecute the election.

These were contrary to his evidence before the Ekiti State Governorship Election Petition Tribunal wherein he stated that the election was free and fair.

The government through the Attorney General of the state later approached the Ekiti State High Court with a motion exparte to compel the CP to effect the arrest warrant.

According to an Enrolment of Order obtained by our correspondent on Friday, Justice John Adeyeye, ruled that the substantive suit upon which the application was brought was “incompetent.”

The application was seeking an order of the Court granting leave for the applicant (AG) to apply for the issuance of prerogative writ of mandamus to compel the respondent (CP) to discharge its statutory duty to arrest and investigate Aluko for alleged perjury and be made to face trial as a result of the investigation.

The judge stated that the suit was filed more than three months after Aluko allegedly committed the offence of perjury when he testified before the election petition tribunal on November 12, 2014.

Justice Adeyeye said, “This application was brought pursuant to Order 40 of the High Court of Ekiti State Civil Procedure Rules.

“Order 40 Rules (4) provides as follows: An application for judicial review shall be brought within three months of the date of occurrence of the subject of application.

“Since Dr. Temitope Aluko was alleged to have committed the offence of perjury when he testified before the Election Petition Tribunal on 12/11/2014, the subject matter of the application is clearly a period of more than three months stipulated by Order 40 Rule (4).

“The application having been brought outside the period stipulated by the Rules of this Court, in my humble view, is incompetent. It should be dismissed. I hereby dismiss it.”