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Barr Attah (left) and Barr James (right) briefly after yesterday's sitting.

Agba vs Police Commissioner: Court Grants Jalingo’s Application

The suit HC/293/2019 between CrossRiverWatch Publisher, Comr. Agba Jalingo and the Cross River State Commissioner of Police, Mr. Austin Agbonlahor was, yesterday, heard in Court 6 of the High Court, Marry Slessor Calabar where the request of Jalingo as presented by his lead counsel, Barr. Attah Ochinke, Esq was granted.

The counsel applied for the enforcement of Jalingo’s fundamental rights, particularly, his right to be admitted to bail or be made to appear in court, citing the Administration Of Criminal Justice Law Of Cross River State 2016.

According to Barr. Attah, the said law dictates that whoever is arrested pursuant to any investigation should be produced in court within 24hours of arrest if investigations are not completed or be admitted to bail, noting that the State Commissioner of Police has failed to comply with the same law that was enacted by the current State Government in 2016 – a government, for whom he [COP] seems to be chasing Jalingo for.

With Jalingo in police cell for nearing two(2) weeks, his counsel had no other option than to file an application for either that he should be admitted to bail or be arraigned in court. However, this goal of theirs has not been achieved as the Police “has been evading service,” according to Attah.

It is against this backdrop that Attah and his team appeared in court yesterday to apply for permission to serve the Police the proceedings through a substituted means, the DHL – an application, the court granted.

Consequently, the Court ordered that both Jalingo and the Police should appear on Thursday, 5th September, 2019 for first hearing.

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