20th July, 2011
For the second time on Wednesday, Senator Alphonsus Igbeke failed to show up at a Federal High Court sitting in Abuja for his arraignment by the Federal Government over allegations that he forged the result of the senatorial primary election of the Peoples Democratic Party, PDP, for Anambra North Senatorial District.
An Abuja magistrate’s court had earlier issued a warrant for the arrest of the Senator over a similar crime. But the warrant, which authorised all police officers to arrest Igbeke anywhere he’s found, was later discharged by the court.
At the resumed hearing of the matter on Wednesday, Igbeke’s lawyer, Mr. Tochukwu Onwubufo, a Senior Advocate of Nigeria, attributed the absence of his client to the confusion generated by the 3-day warning strike by the Nigeria Labour Congress which was earlier scheduled to commence today before it was called off.
According to him, Igbeke had intended to appear before the court today but due to the confusion over the labour strike he could not make it because he was in Lagos.
He consequently requested for another date to enable him be in court for his arraignment.
Mr. Onwubufo also asked the court presided over by Justice Adamu Bello to strike out the case against his client on the ground that the prosecutor from the office of the Attorney-General of the Federation was also not present in court.
The request was turned down by the court because, according to Justice Bello, “your client was not in court equally so how can you be asking for the striking out of the matter. The confusion over the said strike may have also affected the prosecutor.”
He subsequently fixed 28 October for the arraignment of Igbeke.
Specifically the two-counts charge with no. FHC/ABJ/CR/44/11 and dated May 24, 2011 was initiated and filed by the office of the Attorney General of the Federation and Minister of Justice, Mohammed Adoke Bello, a Senior Advocate of Nigeria.
The charge sheet signed by a director in the office of the AGF, O.O.Fatunde (Mrs) reads: “That you, Alphonsus Uba Igbeke [m] at about the 21st day of January, 2011 in the Federal Capital Territory, Abuja, Nigeria did make a forged document described as the Senatorial Primary Result sheet for the Peoples Democratic Party of Anambra North Zone knowing it to be false to wit: you falsely represented the votes scored by the aspirants as follows: John Emeka Jnr—156; Chief A. Igbeke—1173; Chief Denis Odife—15; Hon. Uzoka Okwudili—34; Hon. Celestine Ughanze—297 and Chief Tony Nnacheta—25, and you thereby committed an offence contrary to section 1 [2] [c] of the Miscellaneous Offences Act 2004 and punishable under section 1[2] of the same Act.
“That you, Alphonsus Uba Igbeke [m] at about the 21st day of January, 2011 in the Federal Capital Territory, Abuja, Nigeria did make a forged document described as the Senatorial Primary Result sheet for the Peoples Democratic Party (PDP) of Anambra North Zone knowing it to be false to wit: you falsely represented the votes scored by the aspirants as follows: John Emeka Jnr—156; Chief A. Igbeke—1173; Chief Denis Odife—15; Hon. Uzoka Okwudili—34; Hon. Celestine Ughanze—297 and Chief Tony Nnacheta—25, with intent that it may be used by yourself to buttress your prayer to the Federal High Court in suit No. FHC/ABJ/CS/189/2011 to be declared winner of the Senatorial party primary to the prejudice of John Emeka the real winner and you thereby committed an offence contrary to section 1 [2] [c] of the Miscellaneous Offences Act 2004 and punishable under section 1[2] of the same Act.”
The police had told an Abuja Federal High Court that Igbeke forged the documents he presented to court to obtain the judgment that declared him as the candidate of the Peoples Democratic Party for the 9 April National Assembly elections.
Igbeke had filed an application for the enforcement of his rights at a Federal High Court in Abuja when the police wrote to the Clerk of the National Assembly asking for Igbeke to be released for questioning.
But in a counter-affidavit filed by the police in reaction to Igbeke’s application for enforcement of his rights, the police said that they were prepared to charge the Senator with forgery.
In order to stop the police from arresting him, Igbeke filed the application under the Fundamental Enforcement Procedure Rules in which he claimed that the police were hunting him because they wanted to stop him from campaigning for the 9 April elections.
By Nnamdi Felix / Abuja