Justice Halilu Yusuf of the Federal Capital Territory (FCT) High Court has dismissed the Inspector-General of Police’s application seeking bench warrants for five former senior police officers facing allegations of forgery and age falsification.
The accused were notably absent during their scheduled arraignment on Thursday, leading to a postponement of the proceedings.
The delay was attributed to the police’s failure to personally serve the defendants with the charges.
During the hearing, the prosecution, represented by Assistant Commissioner of Police Rimamsomte Ezekiel, expressed frustration over the defendants’ absence despite purported service of the charges.
Ezekiel explained that multiple attempts to deliver the charges to the defendants’ known residences were unsuccessful, as they had apparently moved without updating their addresses.
He further stated that he had taken additional steps by sending electronic copies of the charges via WhatsApp but remained puzzled by their nonappearance in court.
Consequently, the prosecution requested the court to issue bench warrants under Section 266(1) of the Administration of Criminal Justice Act (ACJA), 2015.
In response, Terkaa Aondo, Senior Advocate of Nigeria (SAN) and counsel for the defendants, contended that none of the accused had been formally served with the charges.
“My Lord, the defendants have yet to receive personal service of the charges. This is a criminal case, not a civil matter, and personal service is mandatory,” Aondo argued.
He further emphasized that until proper service is effected, the prosecution’s request for bench warrants is premature. Highlighting the police’s capacity to apprehend suspects, he remarked, “If the police can arrest individuals like Nnamdi Kanu in Kenya and Omoyele Sowore domestically, it is unclear why they cannot locate and bring these defendants to court.” He urged the court to reject the application and direct the prosecution to fulfill its obligations.
Justice Yusuf concurred with the defense, underscoring the necessity of personal service in criminal proceedings and acknowledging the police’s resources to effect arrests and ensure court appearances.
The accused officers-AIG Idowu Owohunwa (Retired), CP Benneth Igweh (Retired), CP Ukachi Peter Opara (Retired), DCP Obo Ukam Obo (Retired), ACP Simon A. Lough SAN (Retired), among others currently at large-face charges of conspiracy intending to commit criminal acts under Section 97 (1) and (2) of the Penal Code Law. They allegedly joined the Nigeria Police Force around 1999 and have been implicated in falsifying their ages and related documents to unlawfully extend their tenure beyond the mandatory retirement age stipulated by the Public Service Rules of Nigeria.
By remaining in service and enjoying associated benefits unlawfully, the defendants are accused of committing cheating offenses under Section 324 of the Penal Code Law.
Specifically, AIG Owohunwa is charged with issuing fraudulent directives on or about April 30, 2021, in FCT Abuja, purportedly in the name of the Inspector-General of Police, based on falsified documents-an offense under Section 178 of the Penal Code Law.
ACP Lough, SAN, is alleged to have knowingly made false statements in court documents during the case of AIG Idowu Owohunwa & 2 others v. PSC & 7 others (Suit No: NICN/ABJ/88/2025) in March 2025, claiming only 25 years of service despite enlisting on August 1, 1987. This act constitutes an offense under Section 158(1) of the Penal Code Law.
Furthermore, Owohunwa faces charges for submitting a fraudulent age declaration dated April 4, 1990, from Kogi State, falsely stating his birthdate as July 20, 1970, with the intent to unlawfully continue serving in the police force, violating the Public Service Rules and punishable under Section 366 of the Penal Code Law.
