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Justice Halilu Yusuf of the High Court of the Federal Capital Territory, FCT, has turned down the request of the Inspector General of Police, IGP, to issue arrest warrants against a former Assistant Inspector General of Police, AIG, two former commissioners of police and three others accused falsifying age to unlawfully remain in the service of the Nigeria Police Force.
The IGP, billed to put the five former senior police officers on trial before the judge on charges of forgery and age falsification on Thursday, applied for an order to effect the arrest of the accused persons when he discovered that they were not in court for arraignment.
The five ex-senior police officers are: AIG Idowu Owohunwa (rtd), CP Benneth Igweh (rtd), CP Ukachi Peter Opara (rtd), DCP Obo Ukam Obo (rtd) and ACP Simon A. Lough, SAN, (rtd), listed as defendants in a 14-count charge brought against them by the IGP.
Represented by a police lawyer, Ezekiel Rimamasonte, the IGP expressed displeasure that the five retired senior police officers were absent in court despite being served with the charges against them.
Rimamasonte, an AIG, subsequently requested Justice Yusuf to issue arrest warrants for the police to arrest the accused persons and bring them to court for trial.
His request was however vehemently opposed by Terkaa Aondo, SAN, who accused the IGP of not serving the defendants with the charges as required by law.
In the drama that ensued, the prosecutor said the five accused persons were served with the charges through WhatsApp messages and sought for their arrest in accordance to the provisions of Section 266(1) of the Administrative of Criminal Justice Act (ACJA), 2015.
He said that visits to the last known home addresses of the defendants showed that they had vacated their official houses following their retirement from service.
The mode of service by IGP was faulted and declared improper by the lawyer to the accused persons, who insisted that the only lawful service mode is by delivering the charges to them individually.
“My Lord, up till now, the defendants have not been served with a copy of the charge. My Lord, this is not a civil but a criminal matter which requires personal service.
“Besides, until the defendants are proper before the court, the request by the prosecution for a bench warrant is premature.
“The police has the apparatus to bring the defendants to court. If they can go all the way to arrest Nnamdi Kanu in Kenya and also arrest Omoyele Sowore, why can’t they arrest the defendants and bring them to court?
“So, I urge the court to refuse the request and order the prosecution to do the needful,” Aondo submitted.
In his ruling, Justice Yusuf agreed with the senior defence counsel that the matter, being a criminal charge, requires personal service on the defendants.
Justice Yusuf equally agreed that the police has all the apparatus to arrest and bring the defendants to court for their arraignment.
On the request by the prosecution for a bench warrant against the defendants, Justice Yusuf declined on the grounds that until the defendants are properly before the court, such request is premature and cannot be granted.
“You granted them bail on self recognizance. It’s is still your responsibility to present the defendants in court for the court to take them in custody.
“You are the prosecutor. You should do all within your powers to ensure that the defendants attend court on the next adjourned date for arraignment,” the judge ruled.
He equally directed the defence counsel to ensure the appearance of the defendants in court for their arraignment.
Consequently, Justice Halilu Yusuf further adjourned the matter to November 17, 2025 for the arraignment of the defendants.
In the charge marked: CR/353/2025 Owohunwa, Igwe, Opera, Obo and Lough are charged with, among others, conspiracy, age falsification and forgery.
