From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has quashed the eighth -count criminal charges brought against a Lagos State monarch, the Onikosi of Ikosi, Oba Alami Oloyede Onikosi, and three others bordering on forgery and falsification of a Supreme Court judgment, as well as perjury.
Others charged alongside the Lagos monarch in the charged No: FHC/ABJ/CR/242/2022 are Muyideen Fabunmi, Alademehim Samuel and High Chief Michael Adesegun Onikoro.
Although the defendants were arraigned before the court, they all entered a plea of not guilty to all the eighth charge that was filed by plice prosecutor and Chief Superintendent of Police, CSP, Joe Nwakedi.
However, Justice Inyang Ekwo in his judgment delivered on May 11, 2023, but a copy sighted today, upheld the no-case submission filed by the defendants and accordingly quashed all the count charges.
In the said judgment, Justice Ekwo agreed with the defence counsel that the subject matter of the charge is pending at the Lagos division of the Court of Appeal No: CA/LAG/CV/159/22, Chief Yahaya Hassan Akintola and 5 Ors.
The judge equally held that all the eighth-counts as contained in the charge are therefore prejudicial to the pending appeal No: CA/LAG/CV/159/22.
It was the position of the court that the action of the police in the charge is in contempt of the Lagos division of the Court of Appeal.
In addition, the court held that; “its an aberration for law enforcement agency to intervene in a matter already before a court of competent jurisdiction in the name of investigation.
The Federal government had in charge No: FHC/ABJ/CR/242/2022; alleged that the Monarch and his accomplices were also accused of committing perjury.
Part of the seven count charge preferred against the quartet reads:
That you Muyideen Fabunmi ‘M’, Alademehim Samuel, Oba Alami Oloyede Onikosi and High Chief Michael Adesegun Onikoro and others at large, sometime in 2018, within the judicial division of this honourable court, did make a forged Supreme Court of Nigeria judgment document identified as Supreme Court of Nigeria judgment in suit No. 117 of 1936 with spurious inscriptions as A739972 and 7/6/75, purported to have been delivered by one Justice C W.V CARCEY, dated 1st day of February 1937, knowing it to be false, or with intent that it may in any way be used or acted upon as genuine Supreme Court Of Nigeria judgment and with such intent that any person may, in the belief that it is genuine, be induced to believe that it is a true Supreme Court of Nigeria judgment, and thereby committed an offence punishable under Section 1(2)(c) of the Miscellaneous Offences Act, Cap ‘M17’, Laws of the Federation of Nigeria, 2004.
“That you Muyideen Fabunmi ‘M’, Alademehim Samuel, Oba Alami Oloyede Onikosi and High Chief Michael Adesegun Onikoro and others at large, sometimes in 2018, within the judicial division of this honourable court, did make with a different front of letters, a forged Supreme Court of Nigeria judgment document captioned Supreme Court of Nigeria judgment in Suit No. 117 of 1936 between Kale Chief Onikoro & Anor Versus Akintola & ors, purported to have been delivered by one Justice C W.V CARCEY, dated 1st day of February 1937, and in order to perfect the forgery, went further and fraudulently certified same at the Supreme Court of Nigeria judgment in the year 2020, which upon inquiry, the Supreme Court of Nigeria confirm that the certification was fraudulently obtained knowing it to be false or with intent that it may in any way be used or acted upon as genuine Supreme Court of Nigeria judgment and with such intent that any person may, in the belief that it is genuine, be induced to believe that it is a true Supreme Court of Nigeria judgment and thereby committed an offence punishable under Section 1(2)(c) of the Miscellaneous Offences Act, Cap’M17′, Laws of the Federation of Nigeria.