It will be recalled that Mr. Iroko was arraigned before the Chief Magistrate’s Court, Ota, on August 22, 2016, on a one count charge of inscribing the name ‘Buhari’ on his dog and parading same in the Hausa section of the Ketere market in Sango area of Ogun State. Mr Iroko has however denied the charge.
In a fresh application filed before the court, Mr. Iroko, through his lawyer, Ebun-Olu Adegboruwa, he is challenging the constitutionality and legality of the charge, which he is asking the court to quash.
In the motion on notice filed in court on September 16, 2016, Mr Iroko is seeking the following orders, from the court: He is further the court for an order quashing Charge No: 671C/2016 preferred against the Applicant herein for want of jurisdiction.
*An order setting down this application for hearing preliminarily.
*An order staying further proceedings in this Honourable Court, in Charge No. 671C/2016, pending the hearing and final determination of this application.” The fresh application and prayers are predicated on the grounds that follows:
*This court lacks the requisite jurisdiction to entertain and adjudicate upon charge No. 671C/2016, preferred against the applicant herein.
*The subject matter of Charge No.671C/2016 preferred against the applicant herein does not a criminal offence in law for which the applicant could be put to trial.
*This court has the jurisdiction to quash a charge where there is no disclosure of an offence and the trial would amount to an abuse of the process of the court.
*There is an inherent jurisdiction in this Honourable Court to prevent an abuse of its process. *Charge No.671C/2016 as presently constituted is unconstitutional, null, void and cannot form the basis of any criminal trial.
The case is slated for September 19, 2016. Mr Iroko has consistently maintained that he has the legal right to give his dog any name and that the name ‘Buhari’ is not synonymous with or exclusive to the President of the Federal Republic of Nigeria.
The case is being presided over by Magistrate B.J. Ojikutu of the Chief Magistrate’s Court 2, Ota, Ogun State