For failure to appear in court for two consecutive trials, the Nigeria Police Force has asked the Federal High Court in Abuja to issue a bench warrant for the arrest of a legal practitioner, Eziafa Enwedo, standing trial over alleged conspiracy and forgery of court processes which an Abuja High Court relied on to give judgment setting aside the election of Ifeanyi Ubah as the senator representing Anambra South Senatorial District.
It would be recalled that the court adjourned sitting on the matter on June 26th, 2020 at the instance of the defendant, who requested for adjournment on the ground that he was ill.
At the resumed hearing yesterday, the court was informed by the prosecution of the absence of the defendant and posited that the action of the defendant was a deliberate attempt to stall the trial.
According to the prosecution, the defendant’s action amounts to disrespect to the authority of the court.
Pursuant to Section 184 ACJA, the prosecution applied for a bench warrant for the arrest of the defendant and for his sureties to appear before the court and show cause why their bail bond should not be forfeited to the Federal Government.
In a considered ruling, the trial Judge, Justice Okon Abang held that there was no cogent reason for the absence of the defendant which, he said, is a challenge to the authority of the court.
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The court noted that it has the power to issue a bench warrant for the arrest of the defendant, but that it would decline to issue a warrant at this stage, to give the defendant another opportunity to appear in court for his trial on Thursday, July 2, 2020.
Justice Abang, therefore, adjourned the matter till Thursday, July 2, 2020.
The Police alleged, among others in a six-count charge that, Enwedo conspired with Anani Anacletus Chuka, Aron Ifunanya, Faith Samuel and Obinna Uzor to commit a felony, to with forging originating summons number CV/3044/18, Anani Anacletus Chuka Versus Ubah Ifeanyi Patrick and Others and thereby committed an offence contrary to Section 3(b) of the Miscellaneous Offences Act Cap M17 Law’s of the Federation of Nigeria 2004 and punishable under Section 1(2) of the same Act.
Count three, according to the prosecution counsel, Celestine Uroki Odo of the Police Legal/Prosecution Section of the Forces Headquarters Abuja reads, “That you Eziafa Samuel Enwedo (M) and the following other persons now at large that is Anani Anacletus Chuka(M), Aron Ifunanya (F), Faith Samuel (F) and Obinna Uzor (M) on or about September 2019 at the Federal Capital Territory Abuja; within the jurisdiction of this court, with intent to defraud, made a false document, originating summons No 3044/18 Anani Anacletus Chuka Versus Ubah Ifeanyi Patrick & Others knowing same to be false, with the intent that it may be acted upon as genuine to the prejudice of Senator (Dr) Ubah Ifeanyi Patrick a distinguished Senator representing Anambra South Senatorial District and thereby committed an offence punishable under Section 1(2)(c) of the Miscellaneous Offences Act Cap M17, LFN 2004 ”.
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