A Federal High Court sitting in Abuja has mounted Nov. 2 to rule on a preliminary objection difficult its jurisdiction to entertain a felony case involving forgery of doc by a legal practitioner and his accomplices.
The Police had in 2018 filed an 11-count cost against Barr. Everistus Ugwuowo, 39, and three others for allegedly forging doc to a property in Gwarinpa, Abuja.
The matter was primarily based on a report by one Mrs Grace Audu.
The different suspects are Umar Adamu, 41, Usman Audu, 49, and Adole Christopher, 29.
They had been mentioned to have
connived to produce a solid (*2*) in respect of the property.
The foremost suspect and his accomplices had been mentioned to have acted with out lawful authority to promote House 11, 662 Road, Gwarinpa 2, Estate, Abuja, a property belonging to one Mr Grema Umar.
Other paperwork which the suspects had been mentioned to have solid embody an Offer Letter, a doc bearing No. FHA/OCE/GWA 2 OWU C for the property, an Irrevocable Power of Attorney, a letter of checking in of proprietor occupier purported to have been signed by Grema Umar and different receipts.
They had been mentioned to have deceitfully collected N29 million from their sufferer on the pretence that they’ve the authority to promote the home, the offence which all of them pleaded not responsible to in the beginning of the trial.
When the principle suspect (Ugwuowo) was requested to return all the cash he collected from his sufferer, who later found that the transaction was fraudulent, the suspect was mentioned to have issued a dishonoured cheque.
The Police had charged them for forgery, conspiracy to commit felony, acquiring cash underneath false pretences, an offence mentioned to be opposite to Section 8 of the Advance payment fraud and different associated offences Act 2006.
The suspects had been additionally mentioned to have dedicated an offence opposite to Section 1(1) and punishable underneath 1(3) of the Advance payment fraud and different associated offences Act 2006 and three(6), 1(2)(C) of the Miscellaneous Offences Act CAP M17 Law of the Federation of Nigeria (LFN) 2004.
Another offence which the suspects had been additionally charged with is issuing a dishonoured cheque, an offence contravening Section 1(1) of dishonoured cheque Act, CAP D11 LFN 2004.
At the resumed listening to of the case, Justice Egwuatu Obiora adjourned until November 2 to rule on a preliminary objection difficult the court docket’s jurisdiction to hear the case.
Mr Ebuka Agwu, Counsel to the 2nd defendant (Adamu), had instructed the court docket that an utility had been filed difficult the court docket’s jurisdiction to entertain the matter.
According to Agwu, the police don’t have any legal backing to file such a case earlier than the court docket, as it’s only the Attorney-General of the Federation who has such powers to achieve this.
He supported his argument with Section 104 to 106 of the Administration of Criminal Justice Act (ACJA).
Counsel to the first, third and 4th defendants additionally aligned themselves to the availability of the ACJA.
He instructed the court docket {that a} written handle had additionally been filed to help his argument on the availability of these sections of the ACJA.
Mr Yomi Olokeogun, counsel to the first defendant, earlier instructed the court docket that his shopper (Ugwuowo) was on admission in the hospital on account of hypertension, and due to this fact couldn’t make it to the court docket.
Olokeogun instructed the court docket {that a} copy of the medical report obtained from the hospital had been filed earlier than the court docket as a way of proof of the true place of his shopper.
He pleaded with the court docket to use its discrection to resolve on what to do since his shopper was not in court docket.
Earlier, the prosecution counsel urged the court docket to reject the medical report, saying that the report didn’t come from an authorized authorities hospital.
He additionally urged the court docket to dismiss the preliminary objection, including that there have been frivolous adjournments because the begining of the trial. (NAN)
