Court Orders Prosecution Of Chika Ikenga, Others Over Alleged Forgery, impersonation

Court Orders Prosecution Of Chika Ikenga, Others Over Alleged Forgery, impersonation

Justice Taiwo Taiwo of an Abuja Federal High Court, has ordered the Inspector-General of Police (IGP), to refile a criminal charge and prosecute Messrs Chika Ikenga, Suraji Yakubu and a limited liability company, Eunisell Chemicals Limited for alleged criminal offences earlier filed against them, but were later withdrawn.

Others affected by the court order were Deputy Inspector-General of Police (DIG) Michael Anthony Ogbizi and the Deputy Commissioner of Pooice (DCP) in-Charge ox Legal Department, Mr. Augustine Sanomi.

The mentioned high ranking police officers, had on October 5, 2018, filed a criminal charge against the mentioned civilians, but withdrawn the said charges on February 26, 2019, without any legal reasons.

Chika Ikenga and others were charged for offences bothering on false information, forgery and impersonation in Charge No CR/361/18.

Justice Taiwo made the order while delivering judgement in a Suit numbered FHC/ABJ/CS/1580/19, filed by Kenneth Amadi, Mrs Happiness Amadi and IDID Nigeria Limited, who had sought for an order of mandamus for the judicial review of the suit and refile the charge against the defendants.

In the judgement, Justice Taiwo Taiwo held that; “having considered the law and the facts before me, this court hereby grants the prayer sought by the applicant.

“The respondents are hereby compelled to refile the charge and prosecute Chika Ikenga, Suraj Yakubu and Eunisell Chemicals Limited, for the offences of false information, forgery and false impersonation as contained in charge No CR/361/18 between Inspector-General of Police and Chika Ikenga, Suraj Yakubu and Eunisell Chemicals Limited.

“The charge was filed on the 5th of October, 2018 and withdrawn on the 26th of February, 2019.

“Consequently, the court further orders that the order of court to refile the charge and prosecute the aforementioned persons shall be carried out within 14 days by the respondents on the receipt of the enrolled order of this court. This is the judgement of the court”

In a related development, the Federal Government through the Office of the  Attorney General and Minister of Justice (AGF) on Wednesday, arraigned Kenneth Ndubuisi Amadi, before Justice Muhammad Liman’s led-court, on a five-count charge of conspiracy, forgery, obtain by false pretence and fraud to the tune of N2.9 billion.

Kenneth was arraigned on the said offences alongside his company, IDID Nigeria Limited.

The offences according to the AGF contravened sections 1(1)(a), of the Advance Fee Fraud and Other Fraud Related Offences Act. Cap. A6, Law of the Federation of Nigeria, 2004 and punishable under Section 1(3) Section 27 (1)(b) of the of Cybercrime (Prohibition, Prevention, Etc.) Act, 2015 and punishable under Section 14 (1) of the same Act. And Section 435 of the Criminal Code Act, Cap. C38 Laws of the Federation of Nigeria, 2004 and punishable under the same Section of the Act. 

Kenneth and his company were alleged to have committed the offences in 2016, while serving as the Chief Executive Officer of EUNISELL Limited, the company he allegedly committed the infractions against.

When the matter was called, Kenneth’s counsel, Emeka Etiaba (SAN) told the court that he had an application asking the court for an order dismissing and quashing the charge, for being an abuse of court process.

The Senior lawyer told the court that the grounds for the application are that the charge brought against Kenneth and his company is is devoid of any proof of evidence and witness statements to support. He added that the complainant did not annex any police report because the available police report is against the complainant.

Etiaba (SAN) also stated that the charge is abuse of court process, brought in bad faith and that since it was not supported by proof of service and witnesses statement, it is bound to be quashed.

Responding to the application, the prosecutor, Mrs Aderonke Imana opposed the hearing  of the application on the ground that the business of the day is arraignment of the defendant.

Imana said that based on the Administration of Criminal Justice Act, ACJA, the application can only be taken and determined after the defendant’s plea has been taken. 

She therefore urged the court to order that the charge be read to the defendant for his plea to be taken.

Delivering bench ruling on the parties’ submissions, Justice Liman held that: “the court could only entertain any application after the defendant’s plea has been taken. Adding that arraignment does not portray guilt.

The defendant was eventually arraigned and he pleaded not guilty to the five counts. He was granted bail in the sum of N20 million with a surety in like sum. He was released following the undertaking by his counsel.

After the arraignment, the defence counsel applied to withdraw the application to quash  the charge and the judge subsequently struck out the application  and adjourned the matter till March 10 for definite trial.