Posted by By GODWIN TSA, Abuja on
An Abuja Chief Magistrate Court has ordered the arrest of the Chief Executive of the Police Equipment Fund (PEF), Mr. Kenny Martins over allegations of fraud.
An Abuja Chief Magistrate Court has ordered the arrest of the Chief Executive of the Police Equipment Fund (PEF), Mr. Kenny Martins over allegations of fraud.
The presiding Chief Magistrate, Sunday Ochemena, acted upon a request by U.S. Nwodo, who told him that Kenny Martins and Ibrahim Dumuje have refused to honour police invitation extended to them to answer questions regarding the alleged fraud in the fund.
The PEF chief executive was charged along with three other persons, including two senior lawyers, Joni Icheca, Cosmas Okpara and Ibrahim Dumuje, who is also on the run. They are all facing two count-charge of conspiracy and forgery.
The charge reads as follows: 'That you Joni Icheca, Cosmas Okpara, Kenny Martins and Ibrahim Dumuje (now at large) on or about the 31st day of March, 2006 at Corporate Affairs Commission Wuse Zone 5, Abuja within the Abuja Magisterial District did conspire amongst yourselves to commit a felony to wit: forge documents relating to Corporate Affairs Commission and thereby committed an offence punishable under section 96 (1) of the Penal Code, Cap 532 Laws of the Federation of Nigeria, 1990 (Abuja).
'That you Joni Icheca, Cosmas Okpara, Kenny Martins and Ibrahim Dumuje (now at large) on or about the 31st day of March, 2006 at Corporate Affairs Commission Wuse Zone 5, Abuja within the Abuja Magisterial District did forge form CAC. 7 of NIGERSTALG LIMITED with intent to defraud the Police Equipment Fund and thereby committed an offence punishable under section 364 of Penal Code Act Cap 532 Laws of the Federation of Nigeria, 1990 (Abuja)."
The chief magisterate, immediately asked the accused lawyers whether any of the allegations was correct and they said none was correct and the prosecutor, U.S. Nwodo told the court that investigation about the first and the second accused produced in court had been concluded.
He said that with respect to Kenny Martins and Ibrahim Dumuje, the investigation was still in progress because all efforts to get them to answer questions with the police had failed.
At this point, lawyer to the complainant, Festus Keyamo, sought the leave of the court to supply information about the 3rd accused person, saying that as the court of justice, it would help to listen to him.
Keyamo specifically told the court that Martins was an in-law to former president Olusegun Obasanjo and that he was before the Inspector General of Police last week as a suspect. He said that for a person who has five policemen attached to him, by virtue of his position, it should not be hard for the same police to bring him to court.
He said that the petitioner complained about fraud against the 3rd and the 4th accused and not forgery, which the police were camouflaging, adding that it was embarrassing that the police could not interview the persons for whom the petition was written.
He advised that once the major persons were charged, his clients could serve as prosecution witnesses, saying the present charge was not only frivolous but also unmaintainable.
He also complained about the mode of arresting the accused, which was a mere telephone invitation by the police and in the process, they were arrested, detained and subjected to inhuman treatment.
'A telephone call was made to the first accused on the 17th of this month and as a senior lawyer, who has nothing to fear, he honoured the call. After making useful statement, he was captured and dumped in a dungeon. The following day, they made similar telephone call to the 2nd accused. He responded, despite the ordeal of his colleague. He was also arrested. For two weeks two of them were subjected to degrading treatment," he said.
Applying for the bail, Chukwu stated that the charge was bailable offence and by virtue of section 341 (1) of the Criminal Procedure Act, Sections 35 (4), section 36 (5) of the constitution, the court should exercise discretion in favour of the accused.
The application was not opposed by the prosecutor and the court consequently admitted the two accused bail on N500,000 each and one surety each who must be resident in Abuja or a senior lawyer of not less than 12 years at the Bar or a civil servant on grade level 08.
After listening to the arguments canvassed by both counsel, the court issued the warrant for the arrest of the two accused persons at large.