Court Quashes IGP’s Forgery Charges Against 89- Year Old Businessman

Justice James Kolawole Omotosho of the Federal High Court in Abuja has quashed the conspiracy and forgery charges instituted by the Inspector General of Police (IGP) against an 89 years old Anambra based businessman, Christian Eze.

The businessman who was helped into the court room with walking stick was set free by the Judge along with a 75 years old woman Josephine Obineme who jointly stood trial in the 5-count criminal charges brought against them by police.

Delivering judgment on Wednesday in the charges, Justice Omotosho held that the evidence presented against the two defendants by police was vague, watery and full of doubts for the court to establish any case against them.

The Judge said that there was no link between the defendants and the charges against them as police investigation was shady and had no legs to stand upon.

The IGP had filed 5-count criminal charges against the defendants involving conspiracy, forgery, unlawful conversion of properties and fraudulent claims of ownership of properties.

The alleged offence which ran contrary to sections 1, 2 and 6 of the Miscellaneous Act carries 21 years upon conviction.

The defendants were specifically accused of falsifying Company Registration Documents at the Corporate Affairs Commission CAC in Abuja in 2005 with the purpose of claiming ownership of two companies belong to their late senior brother.

The two companies are Jefrics Nigeria Limited and Zecon Nigeria Limited.

In one of the counts, the 89 year old Anambra businessman was said to have in 2005 allegedly falsified Jefrics Company, allotted higher shares to himself and appointed himself as the Managing Director of the Company while the second defendant was made Executive Director.

He was also accused of forging letters of consent to alter the shares allotment in the two companies to back up his appointment as the Managing Director.

Besides, the accused was said to have sold a  Petroleum Station located at Lafia in Nasarawa State and belonging to one of the two companies at N25M and converted the proceeds of the sale to his personal use.

About 20 exhibits were tendered during trial and admitted by the court.

However, in his defence, the 89 years old defendant claimed he had never been to Corporate Affairs Commission in his life and did not know how to allot company shares and alter Memorandum of Understanding

He said in his statement and oral evidence that two lawyers, Otti and Kamadeen Raji were appointed to handle the affairs of the two companies on behalf of his late elder brother and that they should be held accountable for any issue involving the companies.

The second defendant, Josephine Obineme claimed to be a former staff of the companies and that she knew nothing the allegations against her.

In his findings, Justice Omotosho said he believed the evidence of the two defendants as they were consistent, confident and unshaken during their oral testimony and under the fire of cross examination.

He said it was wrong of police to have refused, neglected and failed to investigate both lawyers Oti and Kamaldeen Raji whose names featured prominently in the forgery adding that failure of police to investigate the two legal practitioners was fatal to prosecution.

“I believe the evidence of the two defendants as witnesses of truth. I have no reason to doubt them. The failure of police to investigate the two lawyers named in the shady forgery deal wrecks havocs on the charges.

” The claim of police that they cannot locate the two lawyers for investigation is doubtful and doubt must be resolved in favour of defendants. I have no cause to believe that they forged any document”.

Justice Omotosho said that police was not diligent in the investigation into the forgery while the evidence of the three witnesses  called and testified was vague, watery, full of doubts and of no help to the charges brought against the two defendants.

He therefore discharged and acquitted them from the entire five counts.