Fresh Trial Ordered on Second Count
On Count Two, which concerned an allegation of conferment of undue advantage contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, the Court of Appeal took a different position on jurisdiction.
The appellate court held that the Federal High Court lacked jurisdiction to entertain the offence under the ICPC Act and consequently ordered that Ndifon be prosecuted on the count before the High Court of Cross River State.
The ICPC said it was taking steps to challenge the jurisdictional aspect of the judgment before the appropriate superior court.
The commission said it considered the issue arising from Count Two to be a matter requiring further judicial determination.
It, however, stressed that the Court of Appeal’s decision on Count Two did not affect its affirmation of the conviction on Count One.
“The conviction for soliciting pornographic, indecent and obscene photographs from a student remains affirmed by the Court of Appeal,” the commission said.
The ICPC reiterated its commitment to prosecuting corruption, abuse of office and related offences, particularly where public or institutional authority is allegedly used to exploit persons under the authority or influence of an accused person.
The commission also reaffirmed its commitment to conducting investigations and prosecutions in accordance with the law and due process.
It said it respected the decisions of the courts and would continue to utilise available legal avenues where further judicial clarification was considered necessary.
The commission added that it would provide further updates on the matter as the legal process progresses.
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