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IN THE NATIONAL INDUSTRIAL COURT IN THE OWERRI JUDICIAL DIVISON HOLDEN AT OWERRI BEFORE HIS LORDSHIP: HON. JUSTICE O.Y. ANUWE Date: 12th October, 2015 Suit No: NICN/OW/51/2015 Between: Favour Nwachukwu - Applicant And Commissioner of Police - Respondent Representation: C. U. Onyekwere for the Applicants I. O. Onuagha (Miss) Senior State Counsel, Ministry of Justice, Abia State, for the Respondent RULING/JUDGMENT This ruling is premised on a motion for bail which was filed at the registry of this court by one Barr. C. U. Onyekwere, wherein he sought the order of this court admitting five (5) applicants in different suits (NICN/OW/51/2015, NICN/OW/52/2015, NICN/OW/53/2015, NICN/OW/54/2015 and NICN/OW/55/2015) to bail. When the applications came up for hearing on 9th July 2015, I requested the applicants’ counsel to address me on whether this court has jurisdiction to entertain the applications. In his submissions, the applicants’ counsel referred this court to Sections 254C (1) and (5) of the 1999 Constitution (as amended) and argued that by the sections, this court has jurisdiction in respect of the offence with which the applicants were charged and this court has power to grant bail under Section 118 and 123 of the Criminal Procedure Act. In my ruling delivered on the 16th day of July 2015, I held on the issue of the jurisdiction of this court in respect of the offence in Section 19 (1) (e) of Trafficking in Persons (Prohibition) Law Enforcement and Administration Act that even though Section 254C(1) (i) of the 1999 Constitution (as amended) confers jurisdiction on this court in matters connected with or related to child labour, child abuse, human trafficking or any matter connected therewith or related thereto, the question would still arise as to whether in the circumstance of this application, this court can grant bail to the applicants. In the said ruling, I stated thus: It thus means that the applicant has at no time been arraigned before any court in respect of the alleged offence under Section 19 (1) e) of Trafficking in Persons (Prohibition) Law Enforcement and Administration Act. As at this moment, this court is not yet seised of any criminal allegation or charge against the applicant. The applicant has not been formerly and properly arraigned before this court on the offence alleged against her. Now, the applicant has applied to this court to admit her to bail. The only process from which the court was informed of the allegation against the applicant is this application. I am aware of the applicant’s predicament, having been in remand since 22/7/2014 but I am unable to grant the application at this stage. It is safer to first require the applicant to be properly charged and arraigned before me before I can decide on the applicant’s bail. In the result, the Commissioner of Police, Abia State and the Attorney General of Abia State or the Director of Public Prosecution, Abia State are hereby ordered to charge the applicant before this court within 30 days of this order. Failure to comply with this order will leave this court with no choice than to revisit this application for bail. Meanwhile, the application is adjourned to 22nd September 2015, on which date this court will ascertain whether the order made herein has been complied with or not, and then proceed accordingly. I further direct that this order be immediately served on the Commissioner of Police Abia State and the office of the Attorney-General or the DPP, Abia State, to ensure compliance. Upon the matter coming up on the 30th day of September 2015, the court revisited the pending bail application since the accused persons had still not been arraigned. A Counter Affidavit had been filed in opposition to the bail application. Counsel on both sides argued the application for bail, during which Miss I. O. Onuagha informed the court that the accused persons were being arraigned before the High Court at Omoba in Abia State on the 7th day of October 2015. On that note, the court reserved ruling on the bail application and the case was adjourned to today 12th October 2015. Counsels on both sides were expected to present further arguments as may be required today. Upon the case coming up today, to the shock and amazement of the court, Counsel for the applicants sent in a letter applying for an adjournment. The reason stated in the said letter is that he had filed motions of Preliminary objection at the Omoba High Court, and it is convenient for him to get an adjournment. The court views this as an act of disrespect to this court. This act of Counsel makes it very clear that Counsel wants to use this court as a hibernating point while juggling for venue to venue, without regard to due process. I agree with the State Counsel that this is an abuse of court process. That is totally unacceptable to this court who had earlier expressed reluctance in hearing a bail application when there are no accused persons arraigned before me in the first place. The DPP has the prerogative of arraigning accused persons before a court he deems has jurisdiction. Having chosen to arraign the accused persons before the Omoba High Court, I find that the purpose of justice has already been achieved, and as the State counsel has pointed out, there is already an application for bail pending in that court. I also find that by the very act of arraigning the accused persons before the High Court, the DPP has obeyed the order of this court made on the 16th day of July 2015 that the accused persons be arraigned. In summary of this ruling, I hereby dismiss the pending bail applications in Suit Nos NICN/OW/51/2015, NICN/OW/52/2015, NICN/OW/53/2015, NICN/OW/54/2015 and NICN/OW/55/2015. The said applications having not been brought in accordance with the due process of law and the rules of arraignment and indeed the rules of this court as I have earlier expressed in my ruling of 16/7/2015, this court hereby strikes out Suit Nos NICN/OW/51/2015, NICN/OW/52/2015, NICN/OW/53/2015, NICN/OW/54/2015 and NICN/OW/55/2015 accordingly. Ruling is entered accordingly. Hon. Justice O. Y. Anuwe Judge