A Chief Magistrate Court sitting in Abuja has ordered the police to investigate two lawyers; George Odusanya and Fidelis Mnyim, for alleged supplying of false information against former Attorney-General of the Federation (AGF), Michael Aondoakaa, SAN.
Chief Magistrate Elizabeth Wonni made the order, on Monday, following a direct criminal summons filed by Aondoakaa.
The News Agency of Nigeria (NAN) reports that Odusanya and Mnyim were alleged to have supplied a false information in a suit marked: FHC/ABJ/CS/938/2021 filed before a Federal High Court, Abuja against the ex-AGF.
The direct criminal summons was brought against the lawyers pursuant to Section 109 (e) and 110 (c) of the Administration of Criminal Justice Act (ACJA), 2015, by A.T. Kohol, counsel for Aondoakaa.
According to the application, “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 was called, only Odusanya, the 1st defendant, who was represented by Abdul Arobo, was present in court.
The 2nd defendant, Mr Mnyim, represented by T. F. Aondo, was absent in court.
Applicant’s lawyer, Kohol, argued 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 2nd defendant in court, the prosecution was at liberty to apply for a warrant of arrest against him to compel his appearance in court.
But the defence counsel vehemently opposed the submissions on the grounds that a direct criminal summons, being an application, ought to be looked into by the court before further steps could be taken.
Citing Section 89(5) of ACJA 2015, they submitted that the allegations contained in the summons should first be referred to the police for investigation before further steps by the court.
The chief magistrate said it is in her character to always refer direct criminal summons to the police for investigations to avoid unnecessary and unsubstantiated petitions.
Wonni subsequently directed that the direct criminal summons be investigated by the police within 14 days and adjourned the matter indefinitely to await the report of the investigation.
(NAN)
