A drama has ensued at Federal High Court in Abuja on Tuesday when Justice James Omotosho handed over a police lawyer, Ibrahim Mohammed, to the Economic and Financial Crimes Commission (EFCC).
Mohammed is being investigated for filing criminal charges against former Minister of Aviation, Senator Stella Adaeze Oduah, without the required authorization from the EFCC.
The police lawyer had filed an 8-count criminal charge against the former Minister in the name of the EFCC. However, he did this without the anti-graft agency’s permission, leading to the unexpected order by Justice Omotosho.
Mohammed, who claimed to have sued Oduah on behalf of the Nigeria Police Force, had filled the address of the Economic and Financial Crimes Commission, EFCC, as his own address in his charge sheet.
The lawyer was escorted out of Justice James Omotosho’s court by two police officers who were ordered by the judge to hand him over to the EFCC for appropriate investigation to ascertain who he is representing in court, having claimed he is currently a counsel at the Nigeria Police Force Headquarters.
Count 1 of the charge reads, “That you SENATOR STELLA ODUAH AND D.A.O OSHINOWO (at large) sometime in the year, 2017, at Federal Capital Territory, Abuja. Within the jurisdiction of this Honourable Court, did conspires amongst yourselves to commit felony to wit: make a document titled ‘Re: Request for National Youth Service Confirmation Which you knew to be false and thereby committed an offence contrary to section 3(6) of the miscellaneous offences Act CAF M17 of the revised edition (Laws of the Federation of Nigeria) 2007 and Punishable under section 3 (1) (c) of the same Act.”
But at the arraignment on Tuesday, Mohammed appeared as counsel for the Nigerian Police Force Headquarters, Legal Department.
He told the judge that the senator was not in court over his inability to serve her with the charges.
“We gave the charges to the investigators to serve the senator and she was called upon for the charge to be served on her, unfortunately, she responded that she is not feeling too well.
“As a result, we were unable to serve her with the charges,” Mohammed said.
But Justice Omotosho observed that the charge before him was filed with the EFCC address, implying it was instituted by the anti-graft agency.
Mohammed told the judge that he “mistakenly” put his former address with the EFCC Benin on the charge sheet.
“I was with EFCC as at November 2022, but on January 2023, I was returned officially to the Police,” he said.
The judge was taken aback, wondering why a lawyer who confirmed he was disengaged from the EFCC and returned to the Police about 6 months after, will institute a charge with the address of his former place of work.
The lawyer tried explaining but the judge ordered the registrar to call police on the lawyer.
In his ruling on Tuesday, Justice Omotosho held that investigation was needed to determine the real reason the lawyer filed the charge in the name of EFCC when he claimed to have been disengaged from the anti-graft agency six months back.
The judge, apparently doubting the lawyer’s explanation, said he knows virtually all the EFCC counsels but not the one before him.
“In view of the fact that the prosecution counsel signed in this case as EFCC counsel on the 22nd June 2023 and having admitted that he was disengaged from the EFCC and back to the Nigeria Police, this court makes an order that the EFCC investigates the issue and reverts back.
“This matter is adjourned to July 18,” the judge held.
The judge added, “They (the police) will not detain you, they will follow you from here and hand you over to the EFCC.”
