A High Court of the Federal Capital Territory (FCT), on Wednesday, fixed further proceedings till October 29, 2024, in the trial of a legal practitioner, Bob Chidozie Ogu, and three others in a 7-count charge bordering on alleged forgery of title documents, conspiracy and dishonesty.
Other defendants are Samuel Udoh-Imeh, Ifeanyi Abaekwueme and a private firm, Earth Conscience Limited.
The accused persons were arraigned before the court in charge No: FCT/HC/CR/302/2023, filed by the FCT Commissioner of Police.
Justice Samira Umar Bature adjourned the matter after the 3rd defendant, Bob Chidozie Ogu, the trio of prosecution counsel, Abdul Ter Kohol and counsel to the 1st and 2nd defendants, informed the court that they were to be served with some processes relating to the preliminary objections filed by Ogu.
However, the adjournment was necessitated by the need for the prosecution and the 3rd defendant, Bob Chidozie, to exchange processes in respect of the preliminary objection raised by the 3rd defendant, while the 3rd defendant moved his preliminary objections challenging the jurisdiction of the court to entertain the case.
Ogu argued that section 61 (1) of the Terrorism Prevention Act, conferred exclusive jurisdiction on the Federal High Court to adjudicate on any issue that borders on terrorism.
He prayed the court to quash the charge against him and to equally award the sum of N10 million to him as damages for false and vexatious accusation against him.
However, further hearing of the preliminary objections could not proceed following the non-service of some processes relating to the objections.
While Ebere Okonkwo and N.J. Obiezu had announced appearance for the 1st and 2nd defendants (Samuel Udoh-Imeh and Ifeanyi Abaekwueme), respectively, the 3rd defendant, Bob Chidozie Ogu, represented himself in court.
At the last adjourned date, the prosecution counsel, Abdul Ter Kohol, who is a private legal practitioner, informed the court that he has the fiat of the Attorney General of the Federation (AGF), Prince Lateef Fagbemi, SAN, to prosecute the matter.
He prayed the court for a short adjournment to enable him respond to the preliminary objection filed by the 3rd defendant, Bob Chidozie Ogu.
Meanwhile, the court on Monday vacated the bench warrant against the defendants following their presence in court.
The court had issued the bench warrant against the defendants at the instance of the prosecution counsel, following their earlier absence in court.
But, when the matter was called on Monday, Kohol moved the court to vacate the bench warrant following the presence of the defendants in court.
Justice Bature granted the oral application and vacated the warrant of arrest earlier issued against the defendants.
Meanwhile, attempts by the defence counsel to have a copy of the fiat of the AGF served on them by the prosecution counsel failed as they were overruled by the court.
Justice Bature agreed with the position of the prosecution counsel that the fiat of the AGF which is a communication between the AGF and the prosecution counsel can only be served on the court and to counsel.
The judge, however, said the defence counsels were at liberty to apply to the court for a copy of the fiat of the AGF permiting Kohol to prosecute the case on his behalf.
The prosecution had specifically told the court that the defendants allegedly forged title documents, including the Power of Attorney with fraudulent intention of converting the property belonging to Nexume Nigeria Limited.
While Bob Chidozie, an Abia State-based legal practitioner, who also doubles as Managing Director of Earth Conscience Limited, was a former Commissioner for Works in Abia State, Samuel Udoh-Imeh works in the Information Technology and Services Sector and is also an Abuja-based businessman.
On his part, Ifeanyi Abaekwueme, who is a Town Planner by profession, is a career civil servant with the Department of Urban and Regional Planning of the Federal Capital Development Authority (FCDA) and owner and founding director of Earth Conscience Limited.
During their arraignment in court, the prosecution counsel, Adama Musa told the court that the alleged offences are punishable under section 97 (1); 362 (a) of the Penal Code Law.
The defendants who were charged with conspiracy, forgery, and dishonesty were alleged to have sometimes between January 2015 and December 2022 at the FCT, Abuja, within the jurisdiction of the court conspired amongst themselves to commit an offence to wit: forgery and thereby committed an offence punishable under section 97(1) of the Penal Code Law.
They were charged in count two for committing forgery with intent to convert the property of Nexume Nigeria Ltd, by fraudulently signing the signature of Mr. Olusegun Sanni, on a document titled: Memorandum of Understanding concerning plot No: 54 DO6 situated at Karsana West, FCT, Abuja, with intention of causing it to be believed that he signed the document when they knew same was false.
That the defendants committed an offence to convert the property of Nexume Nigeria Ltd by forging the signature of Mr. Olusegun Sanni on the document titled: ‘Irrevocable Power of Attorney’ concerning the said property, to cause to sign the document when they knew same was false.
The prosecution further accused the defendants of forging the signature of Olusegun Sanni on a document titled: ‘Board of Resolution of Nexume Ltd’ adopted on February 20th, 2015, appointing Messers Earth Conscience Ltd as its lawful Attorney with the intention of causing it to be believed that he signed the document when they knew same to be false.
That they committed an offence of forgery by dishonestly issuing an Eco Bank cheque with No: 75651801 in the sum of N500m on behalf of Nexume Ltd and in favour of Conscience Ltd, to cause Nexume Ltd loss of property.
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