A High Court of the Federal Capital Territory (FCT) on Wednesday shifted till October 19, 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.
Others charged for trial along with him are Samuel Udoh-Imeh, Ifeanyi Abaekwueme and a private firm, Earth Conscience Limited.
They were arraigned before the court in charge No: FCT/HC/CR/302/2023, filed by the Commissioner of Police (COP).
Justice Samira Umar Bature adjourned the matter after both the 3rd defendant, Bob Chidozie Ogu, the 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.
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, NJ. Obiezu had announced appearance for the 1st and 2nd defendants (Samuel Udoh-Imeh and Ifeanyi Abaekwueme), 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 had on Monday vacated the bench warrant issued 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 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.
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 counsel are at liberty to apply to the court for a copy of the fiat of the AGF permitting 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.
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 is also an Abuja-based businessman.
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, 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, 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.
