…says FG failed to prove defendant evaded service of charge
ABUJA – The Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, on Monday, failed to persuade the Chief Judge of the Federal Capital Territory, Justice Ishaq Bello, to issue summon for the arrest of Senator Isah Misau who is facing two sets of criminal charges.
The AGF, had through a lawyer from the Federal Ministry of Justice, Mr. Hadi Saleh, applied under sections 113 and 114 of the Administration of Criminal Justice Act, ACJA, 2015, for Misau who is representing Bauchi Central Senatorial District, to be forcefully compelled to appear before the high court to enter his plea to the five-count charge.
The federal lawmaker was among other things, accused of making “injurious falsehood” against the Inspector General of Police, IGP, Mr. Ibrahim Idris and the Nigerian Police Force.
The charge marked FCT/HC/CR/345/2017, was a direct fallout of allegations Misau who himself is a retired Deputy Superintendent of Police, raised against the IGP.
FG listed some of the “injurious falsehood” to include allegations that police officers paid as much as N2.5million to get special promotion and posting through the Police Service Commission.
Misau was also charged for alleging that the police boss diverted money meant for the purchase of Armoured Personnel Carriers, Sport Utility Vehicles and other exotic cars.
He was said to have falsely accused the IGP of making almost half of the mobile commanders in the country the people of his Nupe extraction.
The lawmaker, aside accusing the IGP of instituting roadblocks accross Nigeria with the purpose of extorting money from unsuspecting motorists, equally alleged that the police boss had sexual affair with female police officers.
Misau further alleged that the IGP collected illegal fees by way of security protections given to corporate organizations, eminent citizens and oil companies running into billions of Naira.
However, the AGF, in the charge, maintained that the lawmaker, by his action, committed offences contrary to Section 393(1) of the Penal Code.
Meantime, while refusing the AGF’s application for a summon to be issued against Misau, Justice Bello, said there was no evidence before the court to show that the defendant had at any time evaded service of the charge on him.
Government lawyer, Mr. Saleh earlier admitted that the prosecution was yet to serve all the relevant processes on the defendant to pave way for his arraignment before the court.
“My lord I can confirm that we are yet to serve the defendant with a copy of the charge. We are however going to intensify our effort to have all the processes served on him. We shall be applying for seven days to enable us to do so”, Saleh stated.
Justice Bello who heard the application in his chambers, said he would adjourn the matter till Thursday.
The Judge stressed that the AGF ought to have exhausted every opportunity to serve the charge on the defedant before he brought the application.
“There is no evidence that the defendant deliberately evaded service. Before this kind of application is granted, there must be particulars that the defendant deliberately refused to accept service.
“It is only then that you can apply for summons or arrest warrant. It is first thing first. You don’t come with hostility. You must establish your case that he evaded service, then the court will come in and do the needful because no one is above the law”, Justice Bello held.
Meanwhile, some of the charges against Misau read: “That you, lsah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about August 10, 2017, at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that police officers pay as much as two million, five hundred thousand naira (N2.5m) to get special promotion and posting through the Police Service Commission as published in the Daily Trust Newspaper dated August 10, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun ldris (the serving Inspector-General of Police), the Nigeria Police Force and the Police Service Commission and you thereby committed an offence.
“That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about October 5, 2017, at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that about ten billion naira (N10bn) is being received by the Inspector-General of Police on a monthly basis from oil companies, banks, hotels and individuals as bribes for police protection and that is why you see people of dubious character with sirens in the country which said false statement of fact was aired in the Channels Television programme tagged ‘Politics Today’ on August 27, 2017, and published in the Daily Trust Newspaper dated October 5, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police), the Nigeria Police Force and the Police Service Commission and you thereby committed an offence.
“That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about October 5, 2017 at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that the Inspector-General of Police diverted money meant for the purchase of Armoured Personnel Carriers for the purchase of SUVs or exotic cars which said false statement of fact was aired in the Channels Television programme tagged ‘Politics Today’ on the August 27, 2017, and published in the Daily Trust Newspaper dated October 5, 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 October 5, 2017, at Abuja and other part of 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, the IGP Mike Okiro, who also lacks similar capacity going by N300m scam and others hanging on his neck since 2011 during the presidential primary election of the Peoples 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 August 26, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun ldris (the serving Inspector-General of Police), retired IGP Mike Okiro, the Nigeria Police Force and the Police Service Commission and you thereby committed an offence
“That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about October 5, 2017, at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that about ten billion naira (N10,000,000,000.00) is being received by the Inspector-General of Police on a monthly basis from oil companies, banks, hotels and individuals as bribes for police protection and that is why you see people of dubious character with sirens in the country, which said false statement of fact was aired in the Channels Television programme tagged ‘Politics Today’ on August 27, 2017 and published in the Daily Trust Newspaper dated October 5, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police), the Nigeria Police Force and the Police Service Commission and you thereby committed an offence.”
In the second seven-count charge marked FHC/ABJ/CR/170/2017, FG alleged that Misau falsely declared his age in affidavits he deposed to at FCT High Court and the Bauchi State Health Management Board Birth Certificate.
He was said to have submitted the false documents to the Independent National Electoral Commission in 2011 and 2014
