- Judge orders prosecuting lawyer’s arrest
A former Aviation Minister, Senator Stella Oduah, has faulted a fresh criminal charge filed against her by lawyers attached to the NPF in the name of the EFCC.
Mrs. Oduah also faulted the process leading to the filing of the charge.
Speaking through her lawyer, James Onoja (SAN), the erstwhile senator claimed that besides not being served with the purported charge, she was never invited for questioning or asked to write a statement on the issues raised in the charge.
Onoja said the charge was not accompanied with a proof of evidence containing her statement, as required by law, while no single witness from NYSC was listed.
The lawyer claimed that the two lawyers responsible for filing the charge did so without affixing their practice seals, while the address where the purported charge emanated from indicated EFCC’s office at 1, Court Road, Benin City, the Edo State capital.
He noted that with the currently state of affair, it was ascertain whether the police or the EFCC was actually behind the charge.
Onoja said the EFCC lacked the powers to prosecute any offence under the Penal Code, adding that the charge did not alleged any offence under the EFCC’s Act but Criminal Code.
The defence lawyer said his team had been to the EFCC’s headquarters for investigation on what he called the faceless charge, adding that the EFCC denied knowledge of the charge.
“The spurious allegation against our clients of not participating in NYSC has been dismissed by the Supreme Court in her favour. This country has had enough,” he said.
Onoja urged prosecuting agencies not to yield to political hirelings, saying the fresh charge against Oduah amounted to a violation of the Code of Conduct for prosecutors as issued by the Federal Ministry of Justice and punishable under Article 7, part B of the Code.
The lawyer hailed Justice Omotosho for ordering the arrest of the lawyer that issued the charge and appeared for prosecution.
He averred that the action of the judge confirmed that the court was not comfortable with the anomalies contained in the charge.
Onoja promised to petition the Inspector General of Police (IGP) to investigate and to call to order those bringing the image of the police into disrepute.
The lawyer said another petition would be forwarded to the EFCC to investigate the alleged impersonation and abuse of its prosecutorial powers.
“This is a new political dispensation which has promised adherence to Rule of Law and accountability. We need a breath of fresh air,” he said.
Also, Justice James Omotosho of the Federal High Court in Abuja yesterday ordered the arrest of a lawyer, Ibrahim Mohammed, for filing a criminal charge against Senator Stella Oduah in the name of the Economic and Financial Crimes Commission (EFCC).
Justice Omotosho ordered that Mohammed, who claimed to be a lawyer with the Nigeria Police Force (NPF) but was on secondment to the EFCC, be taken to the commission to establish his actual status.
Mohammed and Ochugwu Ogbeh W. A. had jointly filed the eight-count charge on June 26, 2023. Oduah, who is listed as the sole defendant, is, among others, accused of misrepresenting facts about whether or not she participated in the National Youth Service Corps (NYSC) and was issued a certificate that effect.
The senator, who represented Anambra North in the Ninth National Assembly, is also alleged to have falsified documents with which she got into public offices, including her ministerial and senatorial positions.
Mohammed and Ochugwu gave their address in the charge as officers in the Legal and Prosecution Department of the EFCC, at 1, Court Road, GRA, Benin City, the Edo State capital.
At the mention of the case yesterday, Mohammed announced appearance for the prosecution, but Oduah was not in court.
This prompted Justice Omotosho to ask Mohammed why Oduah was absent.
In response, Mohammed, who introduced himself as a lawyer in the Legal Department of the NPF headquarters in Abuja, said the senator was absent because she had not been served with the charge.
The lawyer added that Oduah had told them she was not feeling well when invited about the charge.
The judge then queried why the charge was filed in the name of the EFCC when Mohammed claimed for be from police.
Mohammed, who later became incoherent, told the court that he was once attached to the Benin office of the EFCC but had, since November 2022, been redeployed to the Force Headquarters in Abuja.
He also admitted filing the charge, dated June 22, in the name of the EFCC, about seven months after he left the anti-graft agency.
Mohammed said he acted in error and sought the court’s understanding.
At that point, Justice Omotoso, who was not satisfied with Mohammed’s excuse, ordered one of the court’s officials to invite the head of police unit in the court.
Upon the arrival of the police officer, the judge ordered him (the policeman) to arrest the lawyer and take him (the lawyer) to the EFCC headquarters and hand him over to EFCC operatives for investigation to ascertain the authenticity of his claim.
Justice Omotosho adjourned further hearing in the case till July 18 when the EFCC is expected to report back to the court on its findings.