. insists on transmission of case file to state Attorney-General
By Chuks Eke
The Administrative Judge of Onitsha Judicial Division in Anambra state, Justice J. I. Nweze has turned down an oral application by the Inspector-General of Police, IGP to withdraw a defamation of character charge brought against eight leaders of Umuona community in Aguata Local Government Area of the state.
The Police prosecutor, G. T. Nev Esq. had on Tuesday, during a resumed hearing of the case, applied for the withdrawal of the charge to enable the police carry out more Investigations into the circumstances surrounding the defamation of character of the deposed traditional ruler of Umuona community, Igwe Humphrey Ejesieme, by the defendants.
On why the police have not transmitted the case file to the Attorney-General of Anambra state as earlier directed by the court when the defendants were initially arraigned, Nev, the police prosecution counsel told the court that IGP was not under obligation to do so especially when the police discovered that there are more angles to the charge that needed to be thoroughly re-investigated.
Although both counsel to the defendants and a state counsel from the office of the state Attorney-General told the court that they had no objection to IGP’s application for withdrawal or striking out the charge, Justice Nweze, in his ruling, insisted that the IGP should first and foremost obey his order by transmitting the case file to the Attorney-General before the court could consider granting the withdrawal application.
Insisting that in as much as the charge was brought under the federal law but filed within Anambra state, Justice Nweze therefore adjourned the matter to November 6, this year for report of compliance.
IGP had after preliminary Investigations into a complaint brought before him by the deposed Igwe Ejesieme alleging that the defendants defamed his character in a petition they wrote to Anambra state government in which he said they falsely accused him of storming their town union meeting with armed thugs and chased everybody out of Umuona Civic Centre, venue of the meeting.
Igwe Ejesieme also reported to the IGP that it was based on such a frivolous and misleading petition to the state government, by the defendants that propelled the state government to withdraw his Igweship certificate, thereby deposing him.
The IGP had after the preliminary Investigations, brought a three-count charge of conspiracy, felony and defamation of character against the accused persons.
In the charge No. 0/18c/2024, the accused persons, Kenneth Okoli (67), President-General of Umuona community; Ernest Onyejekwe, (69), Dr. Anthony Okoli (70), Godfrey Ezeabalim (75), Chukwudi Obiora (40), Obiakor Gilbert (67), Bartholomew Udemba (60) and HRH, Igwe Iyke S. C
Ezeofor (61) and others at large were alleged to have on December 28, 2022 at Umuona, while acting in concert, conspired among themselves to commit felony to wit: defamation of the character of HRH, Igwe Humphrey Ejesieme.
The prosecution further alleged that the accused persons had on the same date at Umuona Civic Centre, falsely accused Igwe Ejesieme in a letter they wrote to Anambra state Commissioner for Chieftaincy and Local Government Affairs, dated May 28, 2022 of invading the general meeting of Umuona Progressive Union, UPU with thugs armed with machetes and other dangerous weapons, whereas Igwe Ejesieme attended the said.meeting on December 28, 2022 with his cabinet members only.
The prosecution contended that it was based on the accused persons’ false information as contained in their letter to the Commissioner for Chieftaincy and Local Government Affairs that prompted the state government to withdraw the certificate of recognition issued to Igwe Ejesieme in 2014 by former Governor Peter Obi as the traditional ruler of Umuona.
The prosecution said the letter to the Commissioner written by the accused persons alleging that Igwe Ejesieme attended the UPU meeting with thugs armed with machetes and other dangerous weapons created an erroneous impression so much so that the state government actted upon it to withdraw his certificate of recognition.
The offences, according to the prosecution were punishable under Sections 517, 125 (A) and 375 of the Criminal Code Act, C38 and C39 of Federal Republic of Nigeria, 2004.
When the charges were read for the first time, Ifechukwu Malobi Esq. and Ifeanyi Egbuna Esq. both from the Chambers of Chief Ikenna Egbuna SAN, watched the brief for the complainant as a senior counsel from the office of Anambra state Attorney-General tendered a letter from the office of the Attorney-General requesting that the case file be transmitted to her office to enable her access and review it and then take appropriate measures.
Consequently, the court directed that the case file be transmitted to the Attorney-General as she requested, for her perusal.