Mr. Joachim Iroko, the man charged to court for naming his dog ‘Buhari’ has asked the Chief Magistrate’s Court, Ota, to dismiss the criminal charge filed against him.
In a fresh application filed before the court, Mr. Iroko, through his lawyer, Ebun-Olu Adegboruwa, has challenged the constitutionality and legality of the criminal charge, which he is asking the court to quash. In the motion on notice filed in court on 16th September, 2016, Mr Iroko is seeking the following orders, from the court:
“1. AN ORDER quashing Charge No: 671C/2016 preferred against the Applicant herein for want of jurisdiction.
2. AN ORDER setting down this application for hearing preliminarily.
3. AN ORDER staying further proceedings in this Honourable Court, in Charge No. 671C/2016, pending the hearing and final determination of this application.”
The grounds for the application are stated as follows:
“(a) This Honourable Court lacks the requisite jurisdiction to entertain and adjudicate upon Charge No. 671C/2016, preferred against the applicant herein;
(b) 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;
(c) This Honourable 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;
(d) There is an inherent jurisdiction in this Honourable Court to prevent an abuse of its process;
(e). Charge No.671C/2016 as presently constituted is unconstitutional, null, void and cannot form the basis of any criminal trial.
(f) Any other or further ground (s) that the applicant may rely upon at the hearing of this application.”
The case is slated for Monday, 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 Mr. B.J. Ojikutu at the Chief Magistrate’s Court 2, Ota, Ogun State.