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The FG cannot be exonerated from the detention of Agba Jalingo. First, the charges against him (treason, terrorism) are essentially federal offences (based on an Act of the National Assembly). Second, he is being tried in the Federal High Court, not Cross River State High Court.
Third, the charge was filed in the name of the Inspector General of Police; not the Commissioner of Police. Fourth, the Attorney General of Cross River State cannot enter a nolle prosecue (cannot discontinue the case). Only the Attorney General of the Federation can do so.
Fifth, governor Ben Ayade is only the 'nominal complainant'. The IGP is the main complainant. Ayade has no control over the IGP (by control I mean constitutional authority). But we know that he instigated the case. If Malami and the AGF want to end the case, they can do so today.
I'm not excusing the foolishness and tyranny of Ben Ayade. I just want the public to know that Agba Jalingo is in detention because a federal agency decided to do the bidding of a state governor. The flagrant disregard for human rights by the Buhari's regime made this possible.
CORRECTION: the charge against Jalingo was filed in the name of the Federal Republic of Nigeria (not Inspector General of Police). This means that it is the Federal Government that is prosecuting him. No State can file a charge in the name of the Federal Republic of Nigeria.
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