One of the  Kwara APC  Reps, Ahmed Ndakene, on Thursday formally took his plea before an Abuja Area Court, Karmo in an alleged case of certificate forgery and false information on oath preferred against him.

Ndakene, who represents Edu/Moro/Patigi Federal Constituency of Kwara made his second appearance before the court over alleged criminal breach of Section 88(1), 89(3) and 109c of the Administrative Criminal Justice Act (ACJA) 2015 brought against him by Mahmud  Babako , a candidate of the Peoples Democratic Party (PDP) in the last general elections.

At the resumed hearing yesterday , the Judge, Inuwa Maiwada  ruled on the issue of  whether or not a private legal practitioner had the power to prosecute a criminal matter or not, which  was the bone of contention between both lawyers representing the complainant, Mahmoud Babako and the defendant, Ndakene

Maiwada in his ruling said that he was convinced that  counsel had joined issues which was whether or not a private prosecutor can prosecute a matter or not. He further said the argument canvassed was whether or not a private prosecutor can prosecute was in the affirmative in compliance with Section 383 of the Administrative Criminal Justice Act ( ACJA), 2015.

Babako lead counsel, Labio Orji had therefore prayed the court to allow Ndakene to take his plea instead of seeking for police investigation into the matter before he would be arraigned. Alex Edim, the lead counsel to Ndakene, however, opposed the application and predicated his objection on Section 89 (5) of the ACJA, 2015.

The Judge therefore ruled in favour of the complainant,  Babako and held that  a criminal matter can commence from the point of arraignment to judgment. He went further to say the matter was at that point  not formally before the court and direct

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