* Court Rejects AGF’s Request To Summon Misau The Federal Capital Territory High Court in Maitama on Monday adjourned until Thursday the arraignment of the Senator representing Bauchi Central Senatorial District, Isah Misau, who was charged by the Office of the Attorney-General of the Federation with making injurious falsehood against the Inspector-General of Police, Mr. Ibrahim Idris. The arraignment initially scheduled for Monday could not go on as the prosecution had yet to serve the charges on the defendant. The trial judge, Justice Ishaq Bello, who is the Chief Judge of the FCT High Court, advised the prosecution represented by Mr. Saleh Barkum and Aminu Alilu, both of the AGF office to make another attempt to serve the defendant. Justice Bello sat in chambers on Monday but allowed journalists to cover the proceedings. Speaking for the prosecution, Mr. Barkum had urged the court to issue a summons to be served on Misau. But the judge declined the request insisting that criminal proceedings did not necessarily have to start on a hostile note. The judge said, “It is when you saw him and he deliberately avoided service, that is when you can ask for summons. “It is better you make him to come voluntarily, you don’t have to be hostile. “It is a question of establishing your case.” The Office of the Attorney-General of the Federation had on October 10 filed five counts marked FCT/HC/CR/345/2017, before the FCT High Court in Abuja, accusing Misau, a retired Deputy Supreinted of Police, five counts of making “injurious falsehood” of corruption and unethical practices against the IGP and the Nigeria Police Force in the media. Part of the allegations by Misau considered injurious to the IGP and the Nigeria Police Force were police officers allegedly paid as much as N2.5m to get special promotion and posting through the Police Service Commission and that the IGP allegedly diverted money meant for the purchase of Armoured Personnel Carriers, Sport Utility Vehicles or other exotic cars. Misau was also said to have falsely accused the IGP of making almost half of the mobile commanders in the country the people of his Nupe extraction. The offences were said to be contrary to section 393(1) of the Penal Code. Part of the charges filed before the FCT High Court read in part, “That you lsah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State on or about August 10, 2017 at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that police officers pay as much as two million, five hundred thousand naira (N25m) to get special promotion and posting through the Police Service Commission as published in the Daily Trust Newspaper dated August 10, 2017 knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun ldris (the serving Inspector-General of Police), the Nigeria Police Force and the Police Service Commission and you thereby committed an offence. “That you Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State on or about 5th October, 2017 at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that about ten billion naira (N10bn) is being received by the Inspector-General of Police on monthly basis from oil companies, banks, hotels and individuals as bribe for police protection and that is why you see people of dubious character with sirens in the country which said false statement of fact was aired in the Channels Television programme tagged ‘Politics Today’ on August 27, 2017 and published in the Daily Trust Newspaper dated 5th October, 2017 knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police), the Nigeria Police Force and the Police Service Commission and you thereby committed an offence. “That you Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State on or about October 5, 2017 at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that the Inspector-General of Police diverted money meantfor the purchase of Armoured Personnel Carriers (APC) for the purchase of utility SUVs or exotic cars which said false statement of fact was aired in the Channels Television programme tagged ‘Politics Today’ on the August 27, 2017 and published in the Daily Trust Newspaper dated October 5, 2017 knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police) and the Nigeria Police Force and you thereby committed an offence.” Meanwhile, the AGF office had also on October 10 filed separate set o charges against Misau before the Federal High Court in Abuja. But no date has been fixed for the arraignment of the defendant before the Federal High Court. In the set of charges filed before the FHC and marked FHC/ABJ/CR/170/2017, the prosecution preferred seven counts of making and “uttering” false documents comprising affidavits, statutory declaration of age deposed to at FCT High Court and the Bauchi State Health Management Board Board Birth Certificate, which he allegedly submitted to the Independent National Electoral Commission in 2011 and 2014. Uttering, according to Wikipedia, “is a crime involving a person the with intent to defraud to defraud that knowingly sells, publishes or passes a forged or counterfeited document”. The offences in the seven counts were said to be contrary to Section (1)(2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act. The two sets of charges were signed on behalf of the AGF by an Assistant Chief State Counsel, Mr. Aminu Alilu, of the Department of Public Prosecutions of the Federation, the Federal Ministry of Justice.]]>
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