The police had filed criminal charges against Ohakim and Chinedu Okpareke over alleged threat to life.
The Federal High Court, Abuja has fixed October 21, 2021, for arraignment of former Imo State Governor, Mr Ikedi Ohakim, for allegedly threatening to release the nude photos of an Abuja-based woman, Mrs Chinyere Amuchienwa.
During the resumption of trial on Monday, Justice Taiwo Taiwo ordered the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami to take over the prosecution of case from the Inspector-General of Police.
The police had filed criminal charges against Ohakim and Chinedu Okpareke over alleged threat to life.
They had also allegedly threatened to release nude pictures of Amuchienwa if she failed to drop the charges against them.
A counsel from the Office of the AGF, Bagudu Sani had told the court on the last adjourned date that the police would no longer prosecute the case as they had filed a notice of discontinuance.
Sani said the matter had been transferred to the office of the AGF.
The application by the minister, saying that the police had filed a complainant/applicant’s counter affidavit, was opposed by counsel for the police, Mr Rufus Dimka.
He urged the court to grant the notice of discontinuance and strike out the charge.
But the counsel for Ohakim, Emeka Etiaba (SAN), however, opposed the request by the AGF to take over the matter and prayed the court to dismiss the application.
Meanwhile, Justice Taiwo, in his ruling, held that there was no doubt that the AGF had unfettered powers to take over the prosecution of any case at any point.
He maintained that the AGF could do that as long as judgment had not been delivered in such a case.
The judge further explained that since the constitution had given the AGF such powers, the court could not give effect to the notice of discountenance filed by the police.
He held that the application by the police to discontinue the matter lacked merit and upheld the argument by the AGF to take over prosecution of the matter.
The matter was subsequently adjourned until October 21, 2021, for arraignment of the former governor and beginning of trial.