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From Godwin Tsa, Abuja
A businessman, Benedict Peters, founder of Aiteo Energy and Vice Chairman of Nembe Exploration and Production Company Limited, has approached the Federal High Court in Abuja seeking to quash a criminal complaint filed against him before a Magistrate Court in the Federal Capital Territory in a fresh bid to halt his prosecution.
Peters is asking the court to undertake a judicial review of a Direct Criminal Complaint filed by a private investigation company accusing him of unlawfully procuring and using a Nigerian Official Passport, a travel document reserved for designated government officials and other eligible public office holders.
According to court documents, Peters allegedly possesses Official Passport No. F00017845, a document prosecutors claim he is not entitled to hold. The complaint alleges that the offence contravenes Section 96 of the Penal Code (Cap. 532, Laws of the Federation of Nigeria, Abuja), punishable under Section 97.
He is also accused of conspiring with officials of the Nigeria Immigration Service to obtain the passport through false representation.
Police sources disclosed that Peters, who was born on December 5, 1966, was invited on several occasions for questioning but allegedly failed to honour the invitations. The sources further claimed that he currently resides in Ghana and may face additional charges, including impersonation and forgery.
In an application filed pursuant to Order 43 Rule 5 of the High Court of the FCT (Civil Procedure) Rules, 2025, Peters is seeking an order transferring the entire proceedings from the Magistrate Court to the Federal High Court and quashing them through an order of certiorari.
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He is also asking the court to set aside any referral letter issued to the Nigeria Police for investigation and to dismiss the Direct Criminal Complaint on the grounds that the Magistrate Court lacks jurisdiction to entertain the matter.
His legal team argued that the allegations, including the unlawful procurement and use of official and diplomatic passports, impersonation of state authority and related offences, fall exclusively within the jurisdiction of the Federal High Court.
They relied on Sections 251(1)(h), (i), (k) and 251(3) of the 1999 Constitution (as amended), as well as relevant provisions of the Money Laundering (Prevention and Prohibition) Act, 2022.
Sources familiar with the matter described the application as an attempt to halt ongoing police investigations by setting aside the complaint and terminating proceedings before the Magistrate Court.
The private investigation company filed the complaint on February 13, 2026, before Magistrate Ekpenyong Inyang Okon of the Zone 6 Magistrate Court, Abuja, leading to a referral of the matter to the Nigeria Police for investigation.
Peters, however, maintained that he was never properly summoned in accordance with the provisions of the Administration of Criminal Justice Act.
The Federal High Court is expected to hear the application for judicial review on July 13, 2026.
