…Challenges subpoena issued on IGP
The Federal Government on Tuesday filed two additional criminal count charges against Senator Isa Misau before the Federal Capital Territory (FCT), High Court in Maitama Abuja increasing the count on which he was arraigned from five to seven.
Dr. Alex Izonyon (SAN) a private lawyer who announced appearance as government prosecutor said the government has filed the additional count charges and an application seeking to amend the original five count criminal charge against Senator Misau.
Senator Misau was arraigned before the Chief Judge of FCT High Court, Justice Ishaq Bello on October 19 on a five count charge for making false injurious allegation against the Inspector General of Police, Ibrahim Idris and the Police Service Commission.
He had denied the allegation and pleaded not guilty to the charges. The judge, subsequently admitted him to bail in the sum of N5 million with two responsible sureties in like sum.
At the resumed trial yesterday, Prosecuting counsel, Dr. Izinyon (SAN), also informed the court that the Attorney General of Federation has issued him with a fiat to prosecute the matter.
He added that in view of his taken over the matter, the five count charge will be amended to seven so as to add more offences.
He also told the court that he had filed another application seeking to set aside the subpoenaed issued by the court on the IGP on November 22.
He said that the subpoena was targeted at embarrassing the IGP and that it was an abuse of court process.
Counsel to Misau, Dr. Joshua Musa (SAN) in his response informed the court that he will be challenging the application to amend the charge.
He said that the initial charge on which his client was arraigned was defective, because the seal of the lawyer who filed it was not placed on it. He said that in the face of such default, the charge cannot be amended.
On the subpoena, he said that the IGP is not a party to the suit and that there is no law that stopped his client to compel the IGP as a witness and to also tender documents needed for his defence.
After listening to the comments of counsel in the matter, Justice Bello adjourned till December 5 for hearing of the three applications.
The two additional counts read thus: “That you Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State on or about 26th August, 2017 at Abuja and other part of Nigeria, within the jurisdiction of this Honorable Court,
did make a false statement of fact to wit: that the Inspector-General of Police is scoring high marks by making almost half of the mobile commanders in the country,
people of his Nupe extraction which said false statement of fact was published in the ThisDay Newspaper and The Punch Newspaper both dated 26th August, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police) and the Nigeria Police Force and you thereby committed an offence.”
“That you Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State on or about 26th August, 2017 at Abuja and other part on Nigeria within the jurisdiction of this Honourable Court,
did make a false statement of fact wit: that the incumbent Inspector-General of Police, based on available records, series of petitions and reports from insiders, has no capacity to run the Police just like the Chairman of the Police Service Commission, Rtd IGP Mike Okiro,
who also lacks similar capacity going N300 million scam and others hanging on his neck since 2011 during the presidential primary election of the People’s Democratic Party where he served as the head of the security committee which said false statement of fact was published in the Thisday Newspaper and the Punch Newspaper
both dated 26th August, 2017 knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police), Rtd IGP Mike Okiro, the Nigeria Police Force and the Police Service Commission and you thereby committed an offence.”
The two offences, just like the initial five were contrary to Section 393 (1) of the Penal Code.
Andrew Orolua, Abuja
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