From Femi Folaranmi, Yenagoa
A Federal High Court in Yenagoa on Thursday adjourned to April 22, the trial of a teenager, Charlotte Delhi facing trial for allegedly circulating nude video of a retired Permanent Secretary in Bayelsa, Dr Walton Liverpool, 60
Delhi was on October 18, 2021 arraigned before the Court by the Department of State Services (DSS) on a one court charge of cyber-stalking.
The prosecution had accused her of cyber-stalking by circulating Liverpool’s nude picture on a Whatspp group and demanding N15 million.
At the resumed Court hearing on Thursday, the defendant counsel, Mr Andrew Arthur told the court that he had filed a Notice of objection challenging the jurisdiction of the court to hear and determine the charge.
The trial judge, Justice Isa Ndahen asked Andrew and prosecuting counsel, Mr Victor Uchendu to adopt their application and responses before the court.
Andrew, a former Attorney-General and Commissioner of Justice in Bayelsa said that he was challenging the jurisdiction of the court on the grounds that the DSS under its establishment Act and the National Security Agencies Act lacks prosecuting powers.
He argued that the DSS was set up as a National Security protection agency and not a law enforcement agency.
Andrew averred if the DSS does not have the powers of prosecution in its enabling Act, it cannot assume such powers by itself and urged the court to strike out the case.
However, Uchendu in his counter argument argued that the DSS under the Cybercrimes Prevention and Prohibition Act 2015 was listed as one of the relevant law enforcement agencies to prosecute offenders under the Act.
He maintained that DSS was indeed a law enforcement agency with prosecuting powers granted to it by the Cybercrimes Prevention and Prohibition Act 2015 under which the suspect is being prosecuted.
Uchendu told the court that DSS has competently prosecuted several cases successfully and secured convictions and urged the court to dismiss the application and proceed with the prosecution.
Justice Ndahen subsequently adjourned the case until April 22 for ruling on the application.