An Ota Chief Magistrates’ Court in Ogun, has fixed November 21 to hear an application by Joachim Iroko, challenging a charge preferred against him for naming his dog Buhari.
Mr. Iroko, 40, was arraigned for naming his dog Buhari, and parading the pet around the Hausa section of the Ketere Market in Sango, Ogun State on August 22.
He pleaded not guilty to the charge and was granted bail.
When the case was called before Chief Magistrate Bolaji Ojikutu, on Monday, counsel to the accused, Ebun-Olu Adegboruwa, said Mr. Iroko had the right to give his dog any name, adding that he haboured no ulterior motives.
He said the subject matter of the charge against him did not disclose a criminal offence in law for which the applicant could be put on trial.
He said the court had the jurisdiction to quash a charge where there was no disclosure of an offence as the trial would amount to an abuse of the process of the court.
Mr. Adegboruwa told the court that his client had filed two applications to challenge the jurisdiction of the court.
He informed the court that the prosecution had declined service of the said applications in court, and had insisted that service be effected at his office.
Mr. Adegboruwa urged the court to suspend the trial since the accused was challenging the jurisdiction of the court.
He also prayed the court to direct the prosecution to furnish the defence with the proof of evidence of the case.
After listening to arguments, the court fixed hearing of the application for Nov. 21, and also directed the prosecution to furnish defence counsel with the proof of evidence.
In the motion on notice dated Sept. 16, Mr. Iroko sought an order quashing Charge No: 671C/2016 preferred against him, for want of jurisdiction.
The applicant argued that the court lacked the jurisdiction to entertain and adjudicate on the charge.
Barnabas Hunjo, Esq.
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