Alleged forgery: Court reschedules arraignment of FCTA director, others to June 23

Justice Suleiman Belgore of the High Court of the Garki Division of the Federal Capital Territory (FCT), Abuja on Wednesday rescheduled the arraignment of the Director, Investigation and Prosecution of the FCT Administration, Joseph Eriki and 10 others to June 23.

Others charged alongside the FCTA director are Boniface Agwu; Ikechukwu Kanu; Donatec Electrical Company Limited; Super Structure Limited; Weather field Engineering; Marine Service Limited; Asher Information Services Limited; Prince Isaac Omoluwa; Nwaimoneye Augustine Onyisi and Sarajo Aliyu, Ogbole Michael.

The Federal Government had alleged that the FCTA director and other defendants unlawfully entered Plot 461 – 470 and 486-496 belonging to Etha Ventures and put up structures with the intention of defrauding Etha Ventures.

According to the prosecution, to actualise their intent, the defendants fraudulently secured a consent judgment in suit number FCT/HC/CV/240/2018 given title of Plot 1406 (461-470 and 486-496) Sabon Lugbe East Layout, Abuja to Super Structures Limited.

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Justice Belgore had on May 27 issued bench warrant against the FCTA director and other defendants to compel their appearance before the court for arraignment in a charge, marked FCT/HC/CR/87/2025, filed against them by the Federal Government.

The bench warrant was issued following an application to that effect made by the prosecuting counsel, David Kaswe, who told the court that all efforts made by the prosecution to ensure that the defendants came to court for their arraignment proved abortive.

The prosecutor told the court that despite the fact that the defendants were aware of the charge and arraignment, they failed to appear in court and were not even represented by their lawyers.

According to Kaswe, “We have not been able to produce the defendants in court.

“The prosecution has made every effort to produce them in court. We made calls, informed their lawyers and those who stood as sureties for them at the police station in the course of investigation. However, all efforts have proved abortive.

“In the circumstance, in the spirit of the Administration of Criminal Justice Act (ACJA) that contemplated speedy and day to day trial, we are applying under Section 124 of ACJA, that the court issue bench warrant against the defendants as a last resort to compel their attendance in court.”

In his bench ruling, Justice Belgore held that for reasons of the defendants being evasive and lack of positive response to the call of the prosecuting authority, the court was compelled to issue the bench warrant against the defendants as applied for by the prosecution.

He subsequently adjourned the case to today, June 4 to enable the prosecution effect the bench warrant against all the defendants and their arraignment.

However, at the resumed hearing of the case today the defendants were again absent in cour.

Kaswe, however, told the court that efforts to execute the bench warrant issued by the court had not been successful.

He urged the court to avail the prosecution more time to ensure the arrest of the defendants and produce and produce them in court for arraignment.

On his part, the counsel for the 1st, 2nd, 5th and 9th defendants, C.S Ekeocha, told the court that they had filed two applications before the court.

According to him, one of the applications sought an order of the court to set aside the May 27 bench warrant issued by the court, while the other was for the bail of the defendants.

He told the court that the FCTA director and other defendants were absent in court because they had not been served with the charge prior to the application for bench warrant made by the prosecution.

He added that they only got to know about the charge through the media.

Counsel for the 3rd defendant, E.E Apeh, said he filed two applications and sought an adjournment for their application to be heard.

After listening to parties, Justice Belgore held that from the submission of the defendants counsel they are aware of the charge and the order for them to appear in court

“You should apply for enough time to bring your clients to court not filing applications,” he said.

Both Ekeocha and Apeh, however, assured the court that they would ensure that their clients are present in court for their arraignment at the next adjourned date.

Following this, Justice Belgore then adjourned to June 23 for arraignment of the defendants.

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