Justice Halilu Yusuf of the Federal Capital Territory (FCT) High Court has dismissed the Inspector-General of Police’s application seeking a bench warrant for five former high-ranking police officials accused of forgery and falsifying their ages.
On Thursday, the defendants failed to appear in court as scheduled for their arraignment.
The arraignment was postponed because the police were unable to personally serve the accused with the charges.
During the hearing, the prosecution, represented by Assistant Commissioner of Police Rimamsomte Ezekiel, expressed frustration over the defendants’ absence despite efforts to notify them.
Ezekiel explained that multiple attempts to serve the defendants at their known residences were unsuccessful, as they had apparently moved.
He further stated that he had sent electronic copies of the charges via WhatsApp but was puzzled by their failure to attend court.
Consequently, he requested the court to issue bench warrants under Section 266(1) of the Administration of Criminal Justice Act (ACJA), 2015.
However, Terkaa Aondo, Senior Advocate of Nigeria (SAN), appearing for the defendants, countered that none of his clients had been formally served with the charges.
“My Lord, the defendants have yet to receive personal service of the charge sheet. This is a criminal proceeding, which mandates personal service,” Aondo argued.
He added, “Until the defendants are properly before the court, the prosecution’s request for bench warrants is premature. The police possess the necessary resources to apprehend and bring the defendants to court. If they can arrest individuals like Nnamdi Kanu in Kenya or Omoyele Sowore, they should be able to do the same here. I respectfully urge the court to deny the application and direct the prosecution to fulfill their obligations.”
Justice Yusuf concurred with the defense, emphasizing that criminal matters require personal service of charges on the accused.
The judge also acknowledged that the police have adequate means to arrest and present the defendants for arraignment.
The allegations against the accused include:
That you, AIG Idowu Owohunwa (Retired), CP Benneth Igweh (Retired), CP Ukachi Peter Opara (Retired), DCP Obo Ukam Obo (Retired), ACP Simon A. Lough SAN (Retired), and others currently at large, as members of the Nigeria Police Force since approximately 1999 in FCT Abuja, conspired with the intent to commit criminal offenses, contrary to Section 97 (1) (2) of the Penal Code Law.
That the aforementioned officers, serving until January 2025, falsified and manipulated their ages and official documents within the Nigeria Police Force, thereby unlawfully extending their tenure beyond the mandatory retirement age stipulated by the Public Service Rules of the Federal Republic of Nigeria, and in doing so, committed the offense of cheating under Section 324 of the Penal Code Law.
That on or about April 30, 2021, in FCT Abuja, AIG Idowu Owohunwa (Retired), as a member of the Nigeria Police Force Course 19, issued directives purportedly from the Inspector-General of Police to enforce judgments known to be fraudulent, supported by forged documents, violating Section 178 of the Penal Code Law.
That on March 25, 2025, ACP Simon A. Lough SAN (Retired) knowingly made a false declaration in court proceedings (AIG Idowu Owohunwa & 2 others v. PSC & 7 others, suit No: NICN/ABJ/88/2025A), claiming to have served only 25 years in the Nigeria Police Force, despite enlisting on August 1, 1987, thereby committing an offense under Section 158(1) of the Penal Code Law.
That in December 2024, AIG Idowu Owohunwa (Retired), with the intention of unlawfully continuing his service in the Nigeria Police Force contrary to Public Service Rules, submitted a falsified age declaration dated April 4, 1990, from Kogi State, claiming a birthdate of July 20, 1970, an act punishable under Section 366 of the Penal Code Law.
