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From Godwin Tsa, Abuja
An Abuja Magistrates’ Court has directed the police to investigate two practicing lawyers, Odusanya Damlola George and Fidelis Bemsen Mnyim, for allegedly supplying false information against a former Attorney General of the Federation (AGF), Mr. Michael Aondoakaa, SAN, in a suit filed before the Abuja division of the Federal High Court.
The Chief Magistrate, Zone 6, Wuse, Abuja, Elizabeth Wonini, made the order yesterday, following a direct criminal summons filed by the former AGF. The direct criminal summons was brought against the lawyers pursuant to section 109 (e) and 110 (c) of the Administration of Act, 2015.
Lead counsel to the complainant, A. T. Kohol, who filed the summons, informed the court that “on or about the 28th day of June 2022, the defendants who are both within the jurisdiction of the court, being legally bound under oath, did make statement, which they knew to be false, before the Federal High Court, Abuja, in suit No: FHC/ABJ/CS/938/2021 and, thereby, committed an offence contrary to section 156 of the Panel Code and punishable under section 158 of the Penal Code.”
When the matter came up yesterday, only the first defendant, Odusanya George, who was represented by Abdul Gani Arobo, was present in court.
The second defendant, Fidelis Mnyim, who was represented by T. F. Aondo was absent from court. Lead counsel to the complainant, A. T. Kohol, submitted that there was the need for the defendants to be put in the dock for the purpose of arraignment, as the matter was a criminal case.
He added that following the absence of the second defendant in court, the prosecution is at liberty to apply for a warrant of arrest against him to compel his appearance in court.
However, the defence counsel vehemently opposed his submissions on the grounds that a direct criminal summons being an application, the court is bound to look at it before further steps could be taken. They specifically made reference to the provisions of section 89(5) of ACJA 2015, in submitting that the allegations contained in the summons should first be referred to the police for investigation, before further steps by the court.
Although both the prosecution and the court did not agree with their position, Chief Magistrate Wonini said it is in her character to always refer direct criminal summons to the police for investigations, to avoid unnecessary and unsubstantiated petitions.
Accordingly, she directed that the direct criminal summons be investigated by the police within 14 days.
The matter has now been adjourned, indefinitely, to await the report of the investigation.
