Court orders IGP to file fresh criminal charges against businessman, others

A Federal High Court sitting in Abuja has ordered the Inspector General of Police (IGP), DIG Michael Anthony Ogbizi (FCID) and DCP Augustine Sanomi (CP Legal) to file fresh charges to commence the prosecution of three people; Chika Ikenga, Suraji Yakubu and Eunisell Chemicals Limited for charges that were earlier filed against them on October 5, 2018, but withdrawn on February 26, 2019.

Justice Taiwo Taiwo gave the order while giving judgment in a suit delineated FHC/ABJ/CS/1580/19 filed by the trio of Kenneth Amadi, Happiness Amadi and IDID Nigeria Limited seeking for an order of mandamus for judicial review of the suit and a re-file of the charges against the defendants.

Chika Ikenga and others were charged for offences bothering on false information, forgery and false impersonation in a charge delineated CR/361/18 with title Inspector General of Police Vs Chika Ikenga, Suraj Yakubu and Eunisell Chemicals Limited.

Justice Taiwo in the ruling stated 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 re-file 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.

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“The charge was filed on October 5, 2018, and withdrawn on February 26, 2019. Consequently, the court further orders that the order of court to re-file 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 judgment of the court,” Justice Taiwo ruled.

In a related development, a charge has been filed against the claimants in suit No FHC/ABJ/CS/1580/19. The suit filed by the Attorney General and Minister of Justice contains a five-count charge bordering on N2.9 billion money laundering against Kenneth Amadi and IDID Nigeria Limited before Justice Mohammed Liman of a Federal High Court Lagos on Wednesday, February 3.

When the matter was called, the counsel for Amadi, Emeka Etiaba (SAN) informed the court that he had filed a motion on notice under the inherent jurisdiction of the court, praying for an order quashing the charge; an order dismissing the charge for being an abuse of court process and for such further order or other orders as the court may deem fit to make.

The grounds for the motion are that “the charge brought is devoid of any proof of evidence and witness statements to support; that the complainant did not annex any police report because the available police report is against the complainant; that the charge is abuse of court process brought in bad faith; that a charge that is not supported by proof of service and witnesses is bound to be quashed and that the charge ought to be quashed.”

However, the prosecution opposed the moving of the application and urged the court to order for the arraignment of the defendant. In his ruling the judge said the defendant should take his plea, adding that arraignment does not portray guilt.

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

The matter was adjourned till March 10 for definite trial.

NIGERIAN TRIBUNE