The Federal Government has filed a six-count charge against Dr Obinna Uzoh, Anani Chuka, Eziafa Enwedo, Aroh Ifunanya and Faith Samuel over allegation of forgery of court documents and judgement.
The charge marked FHC/Abj/CR/78/2020, stated that the accused persons allegedly forged court processes and judgment in a cloned suit No.CV/3044/2018 at the FCT High Court Kubwa to remove Senator (Dr) Patrick Ubah from office as the duly-elected senator representing Anambra South Senatorial district.
The criminal charge emanated from investigations by the Nigeria Police Force under the leadership of Inspector General of Police Mohammed Adamu, which uncovered the alleged fraud.
The charge filed by the police alleges that all the processes filed in the said suit were forged including the filling fee receipt which was originally dated 25th September 2019, was mutilated to read 19th October 2018.
The suspects are alleged to have mutilated the court register and cloned Suit No. Cv/3044/2018, which was allotted in 2018 to S & M Holdings Limited V Persons unknown filed on the 17th of October 2018, and affixed Suit No. Cv/3044/2018 to Anani Chuka vs Ifeanyi Ubah & Ors.
In addition, the suspects allegedly forged the assignment directive of the Chief Judge of the FCT High Court to purportedly assign the matter to Justice Kawu.
A copy of the investigation report and charge sighted by our reporter showed that the suspects forged all the processes purportedly filed in the suit with a view to obtaining judgment in a false pre-election matter filed in 2019 but backdated to 2018.
A letter written by the office of the Chief Registrar of the FCT High Court confirmed that the filing of the cloned Suit No.Cv/3044/2018 was done on 25th September 2019. The date of judgment in the suit, 11th April 2019, predates the actual date of filing the suit .
The suspects knowing that Suit No.CV/2829/2019 was time barred having been commenced after the conduct of 2019 elections connived with judicial staff to take a suit number that was already in existence, prepare processes and backdate them to 2018, fabricate proof of service of those processes on Senator Ubah and INEC and the YPP and then generate a judgment in concert with judicial staff. The Independent National Electoral Commission has also confirmed that the purported stamp of the commission that was affixed on the proof of service of processes in Suit No. Cv/3044/2018 were forged as they do not have a staff of the commission known as Alhassan Sule in the legal services department and the stamp affixed purporting to be that of INEC is also forged.
Some of the counts include: “That you Eziafa Samuel Enwedo ‘m’ on or about September 2019 at the Federal Capital Territory, Abuja within the jurisdiction of this court did conspire with Anani Anacletus Chuka ‘m’ ArohIfunanya ‘f’, Faith Samuel ‘f’ and Obinna Uzoh ‘m’ all of who are now at large to commit a felony to wit: forging of originating Summons in Suit No. CV/3044/2018 Anani Anacletus Chuka v Ubah Ifeanyi Patrick & Ors and thereby committed an offence contrary to section 3(6) of the Miscellaneous offences ACT, Cap M17 LFN and punishable under Section 1(2)(c) of the same act.
“That you Eziafa Samuel Enwedo ‘m’ and the following persons now at large, that is Anani Anacletus Chuka ‘m’ Aroh Ifunanya ‘f’, Faith Samuel ‘f’ and Obinna Uzoh ‘m’ on or about September 2019 at the Federal Capital Territory Abuja within the jurisdiction of this court with intent to defraud made a false document, namely purported judgment in Suit No. CV/3044/2018 knowing same to be false with the intent that it may be acted upon as genuine to the prejudice of Senator (Dr) Ubah Ifeanyi Patrick, a distinguished Senator representing Anambra South Senatorial District and thereby committed an offence punishable under Section 1(2)(c) of the Miscellaneous offences ACT, Cap M17 LFN.
It would be recalled that both the Independent National Electoral Commission and the National Examinations Council had earlier confirmed that the NECO certificate of Senator Ubah was authentic and that he was the duly-nominated candidate of his political party, the YPP.
Indications are rife that the Federal Government will file additional charges against the judicial officer and the judicial staff that were complicit as soon as the administrative process to disciple them at the Judicial Service Commission and the National Judicial Council are concluded.
A date is yet to be fixed by the court for arraignment of the suspects.