By Kunle Olasanmi, Abuja –
The federal government has told an Abuja High Court that it has filed an application seeking to amend the criminal charge it filed against Senator Isa Misau.
Two new counts were added to the already existing five counts charge pending before the court.
The federal government had on October 19 arraigned Misau on a five-count charge bothering on false and injurious allegation against the Inspector General of Police, Ibrahim Idris and the Police Service Commission.
Misau, however, pleaded not guilty to the charge and was consequently admitted to bail in the sum of N5 million with two responsible sureties in like sum.
When the case came up yesterday, prosecuting counsel, Dr Alex Izinyon, SAN, informed the court that the AGF had issued him a fiat to prosecute the matter.
He added that in view of his taking over the matter, the five count charge will be amended to seven so as to add more information.
He also informed the court that he had filed another application seeking to set aside the subpoena issued by the court on the IGP on November 22.
He submitted that such subpoena was targeted at embarrassing the IGP and that it was an abuse of court process.
Counsel to Misau, Dr Joshua Musa, SAN in his comments informed the court that he would be challenging the application to amend the charge.
He submitted that the initial charge on which his client was arraigned was defective, in that the seal of the lawyer who filed it was not placed on it.
He added that, in the face of such default, the charge cannot be amended.
On the subpoena, he said that the IGP is not a party to the suit and that there is no law that stopped his client to compel the IGP as a witness to also tender documents needed for his defence.
After listening to the comments of counsel in the matter, the trial judge, Justice Ishaq Bello adjourned till December 5 for hearing of the three applications.
The two new counts added to the existing five read, “That you Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State on or about 26th August, 2017 at Abuja and other part of Nigeria, within the jurisdiction of this Honorable Court, did make a false statement of fact to wit: that the Inspector-General of Police is scoring high marks by making almost half of the mobile commanders in the country, people of his Nupe extraction which said false statement of fact was published in the This Day Newspaper and The Punch Newspaper both dated 26th August, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police) and the Nigeria Police Force and you thereby committed an offence.
“That you Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State on or about 26th August, 2017 at Abuja and other part on Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that the incumbent Inspector-General of Police, based on available records, series of petitions and reports from insiders, has no capacity to run the Police just like the Chairman of the Police Service Commission, Rtd IGP Mike Okiro, who also lacks similar capacity going by N300 million scam and others hanging on his neck since 2011 during the presidential primary election of the People’s Democratic Party where he served as the head of the security committee which said false statement of fact was published in the Thisday Newspaper and the Punch Newspaper both dated 26th August, 2017 knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police), Rtd IGP Mike Okiro, the Nigeria Police Force and the Police Service Commission and you thereby committed an offence.”
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