Court orders EFCC to prosecute own lawyer over misleading charge against Oduah
Justice James Omotosho of the Federal High Court in Abuja has ordered an investigation of counsel to prosecutors, Mr Ibrahim Mohammed, who filed an eight-count charge bordering on felony, forgery, and others against former senator representing Anambra North senatorial zone, Mrs Stella Oduah.
Justice James’ order, Tuesday, followed the discovery that the prosecuting counsel who filed the charge on June 22, 2023 purporting to be a staff of the Economic and Financial Crimes Commission (EFCC), had in fact been disengaged from the legal unit of the EFCC since November 2022.
Oduah, a former Minister of Aviation, is still embroiled in a lingering eight-count charge against her preferred by the Federal Government, through the EFCC, at the Federal High Court in Abuja over charges of falsely claiming to have lost her National Youth Service Corps (NYSC) certificate, among other alleged offenses.
However at the resumption of the hearing on Tuesday, the Court expressed dismay as it queried why a prosecutor will deliberately mislead the court having left the service of the EFCC more than 6 months before the charge was filed.
The court also questioned the absence of the seal of the legal practitioner to authenticate that he is indeed a lawyer called to the Nigerian Bar.
When the matter was called, the counsel announced his appearance for the Nigeria Police Force.
The court queried why the charge is coming in the name of EFCC when the prosecutor is from the Police.
The police lawyer, who suddenly became incoherent in his response, admitted that he left EFCC in November 2022 at the Benin office for the Force Headquarters on redeployment back to the police.
He also admitted filing the charges on June 22 this year in the name of EFCC, seven months later, but it was done in error.
He (Ibrahim) added that he resumed work at the legal department of the police headquarters in January 2023.
Following the various anomaly that besieged the charge, the Judge handed the prosecuting counsel to the court officers and made an order directing the court officers to hand over the prosecuting counsel to the EFCC, who are to conduct an investigation on the counsel as to reasons why he was discharged from the EFCC and that the report of investigation should be issued to the court as soon as possible.
The judge said, “Would a reasonable man believe you? You will go to EFCC and explain. I will call for an investigation of the council.”
In his brief ruling, Justice Omotoso said, “In view of the fact that Ibrahim Mohammed signed this charge on June 22 and has admitted himself to have left EFCC in November 2022, this court made an order for the EFCC to investigate and report back. Counsel shall report to EFCC immediately.”
Meanwhile, further hearing in the matter was shifted to July 18, when the anti-graft agency must have completed its investigation and reported to the court.
