Ordinarily, Chidi Lloyd’s recent and consistent vituperations against the Governor , Government and people of Rivers State would have been overlooked by reason that he is a lawyer by training and my senior for that matter and to more because of the doctrine of lis pendens, however, as stated in S.82 of the Evidence Act, 2011, one’s bad character would be questioned and brought to limelight as soon as he voluntarily gives evidence of him being a good man.
Hon. Chidi Lloyd twice on my count has put himself on national TV to be a good man and even justified the attempted murder of his then colleague Hon. M . O. Chinda basking in the euphoria of a nolle proseque granted him by the former Aattorney General of Rivers State. Hon. Llyod sought to literary crucify Hon. Glory Emeh for sharing his thoughts about the Nolle and the state of affairs in Rivers state, which Lloyd himself had earlier been granted unfettered access to do so.
The fact pre Lloyd’s Nolle is as follows. Hon Chidi Lloyd from Emohua LGA is the former majority leader of the Rivers State House of Assembly. He is reportedly a murder suspect according to Simeon Nwakaudu, he has the death of two persons hanging on his neck, he also attempted to murder his Ikwere brother and then colleague Hon. M. O. Chinda with the mace of the Rivers State House of Assembly.
It is amazing and disgusting that despite the video evidence available even on the internet, Lloyd would go ahead on national TV to defend the heinous crime against his then colleague as a mere collusion, whereas in the video we saw Lloyd voraciously unleash severely with malice the House mace on the head of his colleague. It is sad that instead of hiding his face in shame and remorse , Lloyd would appear on national TV to cite cases where law makers engaged in a free for all to justify his viscous crime.
Now to his Nolle prosequi, on national TV , our esteemed Doctor of Laws severally cited the case of STATE V. ILLORI to back the Nolle prosequi granted him . He happily emphasized to his viewers that in line with the afore mentioned case, his Nolle is not subject to review and any form of questioning . While I aggre with him on the position that a Nolle is not subject to review, I emphatically state in contrast that his other positions are misconceived and lacking legal backing.
Now what is a Nolle prosequi? A Nolle prosequi is a Latin expression which means” we shall no longer prosecute” . It is constitutionally provided in S. 211(1) (c) of CFRN 1999 as regards the State Attorney General. It is also provided in S. 107(4) of the Rivers State Administration of Criminal Justice Law, 2015. A Nolle by its nature is without more a mere suspension of proceedings against the accused. It is not an Acquittal. It is just a mere discharge and hence the beneficiary can be re arrested just immediately a Nolle has been effected for his benefit. According to J. A. Agaba in page 324 of Practical Approach in Criminal Litigation in Nigeria ;
“a Nolle does not serve as a bar to future prosecution meaning that the person discharged on the basis of a Nolle can be re arraigned for the same offence or a similar or an entirely different offence ”
For elucidation of the above, See S. 107(4) of the River’s ACJL 2015. In the case of CLARKE V.A.G LAGOS STATE(1986)1 QLRN, the Court validated the arrest and re arraignment of the accused who were hitherto granted Nolle. While, the decision of the former AG for granting Hon. Chidi Lloyd a Nolle from prosecution can not be legally contested, the present decision of the present Attorney General to continue the prosecution of the attempted murder suspect can not also be legally contested and questioned. The AG is an office . It is an institution and it is less insignificant of the occupier of the office. Before S. 211(1)(c) , there was S. 211(1) (a) to (b). Therefore, it is accordingly within the power of the AG Rivers State to prosecute Hon. Chidi Lloyd afor murder and attempted murder of Hon. M. O. Chinda and until acquitted by a competent Court of jurisdiction, Chidi Lloyd remains a murder and attempted murder suspect and should be arrested and prosecuted for his alleged crimes.
The I G of Police is expected to arrest and bring the murder and attempted murder suspect to Court for arraignment and full prosecution. Justice must not only be done but must be manifestly seen to be done.
Joshua Obinna Samuel is a Port Harcourt based Legal Practioner.
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