By Joe Nwankwo,Abuja
The Federal Government on Monday arraigned Obinna Uzor’s Lawyer Eziafa Samuel Enwedo before Justice Okon Abang of the Federal High Court in Abuja for alleged fraud and forgery of court processes.
The prosecution Counsel Mazi Afam Osigwe had asked that the charges be read to the accused person to which he pleaded not guilty to all the charges.
The court presided over by Justice Abang in refusing the oral application for bail by Counsel to accused by Onyinye James which was opposed by the prosecution Counsel Osigwe who insisted that the application be put in writing remanded him in prison custody and ordered the defense counsel to file a written application for bail.
Justice Abang adjourned further hearing on the matter to March 26th.
The Federal Government last Thursday filed the charge against Enwedo who was accused of forging court processes which a court of the Federal Capital Territory relied on to give judgment declaring the election of Senator Ifeanyi Ubah as the senator representing Anambra South null.
Enwedo was said to have conspired with his client who was plaintiff in the suit- Anani Anacletus Chuka, Dr Obinna Uzor who later applied to join the suit, and two others namely Aroh Ifunanya and Faith Samuel.
In the charge sheet, Enwedo co-conspirators are said to be at large.
Count one of the charges read: “That you Eziafa Samuel Enwedo on or about September, 2019 at the Federal Capital Territory within the jurisdiction of this court did conspire with Anani Anacletus Chuka, Aron Ifunanya, Faith Samuel and Obinna Uzor all of who are at large to commit a felony to with forging originating summons number CV/3044/18 Anani Anacletus Chuka Versus Ubah Ifeanyi Patrick and Others and thereby committed an offence contrary to Section 3(6) of the Miscellaneous Offences Act Cap M17 Law’s of the Federation of Nigeria 2004 and punishable under Section 1(2) of the same Act.
In count two, the accused was charged thus: “That you Eziafa Samuel Enwedo and the following other persons now at large that is Anani Anacletus Chuka (M) Aron Ifunanya (F) Faith Samuel (F) and Obinna Uzor (M) on or about 27th of March 2019 at the Federal Capital Territory within the jurisdiction of this court did conspire amongst yourselves to commit felony, to wit; forging of motion for joinder with motion number M/4017/19; and thereby commuted an offense contrary to Section 3(b) of the Miscellaneous Offenses Act, Cap M17 Laws of the Federation of Nigeria 2004 and punishable under Section 1(2)(c) of the same Act.”
Count three, according to the prosecution counsel, Celestine Uroki Odo of the Police Legal/Prosecution Section of the Forces Headquarters Abuja read “that you Eziafa Samuel Enwedo (M) and the following other persons now at large that is Anani Anacletus Chuka (M), Aron Ifunanya (F), Faith Samuel (F) and Obinna Uzor (M) on or about September,2019 at the Federal Capital Territory Abuja; within the jurisdiction of this court, with intent to defraud, made a false document, originating summons No 3044/18 Anani Anacletus Chuka Versus Ubah Ifeanyi Patrick & Others knowing same to be false, with intent that it may be acted upon as genuine to the prejudice of Senator (Dr) Ubah Ifeanyi Patrick a distinguished Senator representing Anambra South Senatorial District and thereby committed an offense punishable under Section 1(2)(c) of the Miscellaneous Offences Act Cap M17, LFN 2004 “
In count four, the suspects were charged thus: “That you Eziafa Samuel Enwedo (M) and the following other persons now at large that is Anani Anacletus Chuka(M),Aron Ifunanya (F), Faith Samuel (F) and Obinna Uzor (M) on or about September ,2019 at the Federal Capital Territory Abuja; within the jurisdiction of this court, with intent to defraud, made a false document, namely motion on notice for joinder, with No M/4017/19, knowing same to be false, with the intent that it may be acted on as genuine to the prejudice of Senator (Dr) Ubah Ifeanyi Patrick a distinguished Senator representing Anambra South Senatorial District and thereby committed an offense punishable under Section 1(2)(c) of the Miscellaneous Offences Act Cap M17, LFN 2004.”
Count five reads: “That you Eziafa Samuel Enwedo (M) and the following other persons now at large that is Anani Anacletus Chuka(M),Aron Ifunanya (F), Faith Samuel (F) and Obinna Uzor (M) on or about September,2019 at the Federal Capital Territory Abuja; within the jurisdiction of this court, with intent to defraud, made a false document, namely a purported judgment in suit number CV/3044/18 knowing same to be false with intent that it may be acted upon as genuine to the prejudice of Senator (Dr) Ubah Ifeanyi Patrick a distinguished Senator representing Anambra South Senatorial District and thereby committed an offense punishable under Section 1(2)(c) of the Miscellaneous Offences Act Cap M17, LFN 2004.
Count six: “That you Eziafa Samuel Enwedo (M) and the following other persons now at large that is Anani Anacletus Chuka(M),Aron Ifunanya (F), Faith Samuel (F) and Obinna Uzor (M) sometime in, 2019 at the Federal Capital Territory Abuja; made a press release to Elombanews with attached court documents that Senator (Dr) Ubah Ifeanyi Patrick, the distinguished Senator representing Anambra South Senatorial District at the 9th Senate of the National Assembly of the Federal Republic of Nigeria has by that judgment been removed from the Senate on the grounds of having forged his NECO Certificate and that his party, Young People’s Party (YPP( did not conduct primaries, a message or news that is grossly offensive or indecent, obscene or menacing, and you caused annoyance, inconvenience or needless anxiety to the said Senator (Dr) Ubah Ifeanyi Patrick, even though you knew the information to be false, and thereby committed an offence punishable under Section 15(1)(a),(b) Cyber Crime Act 2015”.
Ubah had already filed an appeal challenging the judgment after the trial judge, Bello Kawu refused his application to set it aside.
His Counsel, Dr Onyechi Ikpeazu had told the Court of Appeal that the Nigerian Bar Association’s (NBA) stamp and seal on the originating processes of the suit were forged.
The lawyer asked the court to allow him tender letters from the NBA showing that the stamp and seal had not been issued by the NBA before the processes were filed and the court delivered its judgment.
He also attached a letter from the Chief Registrar of the High Court of the Federal Capital Territory showing that payment for the court processes were made on 25th September 2019, that is about five months after the court had delivered judgment in the suit. The court delivered judgment in the suit on April 11, 2019.
He argued that the trial judge, Bello Kawu assumed jurisdiction in the case when in fact there were no valid processes before him to confer jurisdiction on him.
Responding to a request from Ubah’s lawyers seeking to know the date of payment of the filling fees in Suit Number CV/3033/2018; Anani Anacletus Chuka Vs Ubah Patrick Ifeanyi and others, the Chief Registrar of the FCT High Court said: “We write to confirm that the payment in respect of the above named suit was made on the 25th September 2019 paid by Aroh Ifunanya for an originating summons with receipt No:11643044 and teller No: 0148979, amount N4.300; Aso Savings and Loans.”
Following the same request by Ikpeazu to the NBA General Secretary seeking a confirmation of the date of application and issuance of the association’s stamp and seal as per the said case the NBA General Secretary Jonathan Gunn Taidi Esq stated that “pursuant to your request letter dated March 5th, 2020 on the captioned subject matter and upon investigation, findings reveal that the stamp in respect of Ifunanya Nwando Aroh SCN101933 was produced under Batch 137 on August 20, 2019 with expiry date of March 2020 while the stamp in respect of Eziafa Samuel Enwedo SCN089053 was produced under Batch 150 on September 11, 2019 with expiry date of March 2020.”
Going by these findings, it is clear that the suit was commenced on March 27, 2019 and April 2, 2019 and up to the time the judgment was delivered the stamp and seal had not been produced and issued by the NBA and that at the time the suit was commenced and judgment delivered the filling fees was not paid for,” Ikpeazu said.
The senior advocate is therefore asking the court of appeal to allow his client’s appeal challenging his removal by the high court on the grounds that the entire proceedings and the judgment were manifestly incompetent and a nullity.
In a further affidavit deposed to by Obinna Onya, a legal practitioner in the law firm of Dr. Onyechi Ikpeazu, SAN, he averred that the 1st Respondent -Anani purportedly commenced Suit No. FCT/HC/CV/3044/2018 by Originating Summons on 19th October 2018 and upon a proper perusal of the originating summons Ikpeazu SAN realized that the originating summons was not signed by any counsel as required by law which prompted the filling of a motion on March 3rd, 2020 praying the court to strike out the originating summons as being incompetent and to dismiss the appeal.
