Senator Isa Misau Faces 7-year Jail Term Over Perjury – Police
There are indications that the Senator representing Bauchi Central senatorial district, Isa Hamma Misau, may face charges bordering on making false declaration or giving false statement under oath about his date of birth.
Findings by LEADERSHIP Sunday revealed that, while the birth certificate the lawmaker submitted when he joined the Police has November 30, 1974 as his date of birth, Misau willfully stated in the nomination form he submitted to the Independent National Electoral Commission (INEC) that he was born on November 30, 1973.
Accordingly, the Nigeria Police Force has said it will surely prosecute the Senator for perjury, an offence punishable under the Criminal Code, which is applicable in the Southern states of Nigeria) as well as the Penal Code, which is applicable in the Northern states of Nigeria.
The offence has to do with giving false statement on oath or making false declaration, which attracts seven years of imprisonment under Section 164 of the Penal Code.
The Force also said Misau contested elections with forged retirement letter which is a culpable offence, just as he presented himself in many places under different identity or names.
The Force Public Relations Officer, CSP Jimoh Mashood, stated this earlier in the week, while reacting to LEADERSHIP Sunday’s findings that INEC allowed Senator Misau to contest the 2011 election on presentation of a letter of notification for voluntary retirement as an evidence that he was properly discharged from the Nigeria Police Force.
The notification for voluntary retirement letter dated December 1, 2010 sighted by our correspondent during the week was addressed to the Inspector General of Police, through the Assistant Inspector General of Police, as well as through the then Commissioner of Police, Niger State Command in Minna.Misau also attached to his retirement application letter for INEC clearance to contest for Bauchi Central senatorial election in 2011 the letter by then Niger state commissioner of police dated December 14, 2010 forwarding the then DSP Mohammed Isah Hamma’s retirement application to the Assistant Inspector General of Police (AIG) for approval.
In addition, Misau attached a copy of the AIG’s letter dated December 15, 2010 seeking approval of the IGP for his retirement application to the 2011 INEC nomination form and affidavit in support of personal particulars of persons seeking election to the membership of the Senate.
For the 2015 election, Misau attached a copy of his retirement letter dated March 5, 2014 issued by the Police Service Commission (PSC) to the INEC nomination form, but a copy of the letter forwarding his retirement letter from IGP to the PSC was not attached this time around.
All Misau’s official documents, both academic credentials and those at the Nigeria Police Force prior to contesting elections were in the name of ‘’Mohammed Isa Hamma’’.
But in the INEC nomination form and the affidavit in support of personal particulars of persons seeking election to the membership of the Senate completed in 2011 and in 2015 are in the name of ‘’Isah Hamma Misau’’.
Our findings also revealed that there is no copy of sworn affidavit for change of name or extract of same from any newspaper publication.
The birth certificate issued in his favour on February 2, 1991 by Bauchi State Health Management Board with Registration and serial numbers 141400c and 12799 respectively shows a birth date of November 30, 1974 in the Police Academy cadet declaration form he completed while enlisting into police service on May 1, 2000.
Another birth certificate was issued by the same Bauchi State Health Management Board without Registration and serial numbers and without issuing date but with November 30, 1973 boldly written as his date of birth, which he attached to his 2011 INEC nomination form.
The Senator swore to an affidavit that he was born on November 30, 1973 and equally deposed to same in the age declaration attached to his 2015 INEC nomination form as against November 30, 1974 in his initial birth certificate.
Other observations about personal information in his credentials and at the INEC at various times are that he was born on November 30, 1974 and started primary school in 1977, less than 3 years old.
In the Police Academy declaration form, he indicated place of birth as Misau as against Bauchi in the birth certificate. Besides, the name ‘’Hamman’’ and ‘’Hamma’’; ‘’Isa’’ and ‘’Isah’’ were interchangeably used in his records.
Reacting to the clearance of Misau by INEC with a copy of his notification for voluntary retirement letter in 2011, Police spokesman, Jimoh Mashood, said it has been the argument of the force that it should be included in the commission’s panel that screens candidates for elections.
The Force PRO said, “We will take the necessary action and judicial process against him. This is why we said he is a deserter from the Nigeria Police Force; otherwise he won’t be completing INEC nomination form with mere copy of his application letter for the purported voluntary retirement.
“We will reiterate before appropriate quarters that the Nigeria Police Force be included in the panel screening candidates for elections to fish out similar characters at all material times and to forestall further occurrence of this development.
‘’In any case, this further adds to the avalanche of evidence we have for appropriate judicial process we will take against him to serve as deterrent against his likes in the society.
‘’The Nigeria Police Force will charge DSP Mohammed Isa Hamma for forgery and perjury because he lied under oath by stating in the INEC nomination forms that he was born on November 30, 1973, while it is November 30, 1974 in the birth certificate he submitted while joining the Force.
‘’He contested elections with forged retirement letter which is a culpable offence. He is liable of giving false statement on oath or making false declaration which attracts 7 years of imprisonment under Section 164 of the Penal Code’’, Mashood stated.
Noting that the Police Service Commission (PSC) erroneously cleared Misau as reported, Mashood stated that the duties of the PSC are appointment, promotion and discipline.
He said the commission cannot investigate cases of forgery and perjury, and therefore cannot by stoke of pen say it has cleared Misau of these glaring allegations which are yet to be fully investigated.
His words: “Prima facie evidence at the disposal of the Nigeria Police Force point at offences of perjury and forgery, the purported Senator has committed. The PSC invited him to come and show that the retirement was indeed issued by the commission which he failed to honour.
‘’PSC, without further ado, said it has cleared the same person that snubbed its invitation. With all due respect, the Force will not be party to ridiculing the system and as such, will see to the law taking its cause”.
Efforts to reach Senator Misau for his own reaction to the allegation of perjury turned out to be futile, as calls made to his mobile phone line by our correspondent was not picked or returned. Also, text message sent to him demanding for reaction was not replied.
The Nigeria Police Force (NPF) had on August 27, 2017 2declared Misau, a deserter or a fugitive on the ground he is still a Police officer who abandoned his job since 2010.
The Force PRO, CSP Moshood, told journalists in Abuja that they are currently investigating the lawmaker, including those involved in the alleged forgery of his retirement letter from the service, including an official of the Police Service Commission, Mrs. Garos Logams, who allegedly signed the document.
But in a swift reaction, Senator Misau dismissed the allegation, insisting that he properly retired voluntarily from the Force in 2010 and even paid the Police one month salary as the law requires.
Misau also explained that the letter of his retirement given to him in 2014 by the PSC followed his own letter, declaring his intention to retire written to them since 2010.
But the Force PRO, while explaining that the Senator was still an officer of the Force, said, “Misau, a former Deputy Superintendent of Police, refused to proceed on Junior Command Course 49/2008 at Staff College, Jos, between January 5, 2009 and June 19, 2009 and also failed to report in Niger State in 2010 and was subsequently queried, in line with the Public Service Rules Sections 030301(b)(g)(m)&(o) and 030402(a)(b)(c)(e)&(w).
“The retirement letter presented to journalists by DSP Mohammed Hamman is suspiciously forged and dubiously obtained. The letter, which was dated March 5, 2014, a period of more than four years after AP No 57300 DSP Mohammed Isa Hamman (Senator Isah Hamman Misau) deserted the Force is now being investigated by the Force. His name is still on their staff roll”.
On why it took the Police seven years to declare Misau a deserter, CSP Moshood said there was no time limit for a deserter to be investigated and punished, noting that Misau’s case file was still before the Force Disciplinary Committee.
But addressing a press conference at the National Assembly, Misau displayed the letter with which his retirement from the force was effected by the Police Service Commission.But hitting back at the lawmaker that same day, the Police implored the Senate to send Misau back to his duty post as Deputy Superintended of Police.
The Force PRO, Mashood, maintained that Misau is still a police officer and not a Senator because his name is still in the Police as an officer of the Force.
He urged the Senate’s Ethics and Privileges committee to ask Senator Misau to dress up in his Police uniform and appear before the Police disciplinary committee to answer charges against him.
CSP Moshood also asked the general public and the Red Chamber to dismiss statements credited to Senator Misau as everything he has said about the IGP and the police were false.
He said, “Senator Misau is a habitual and unrepentant liar. His real name in the Police is DSP Mohammed Isa Hamman, with Police number AP No. 57300. He is still a Police officer and not a Senator because as his name still in the Police nominal roll.
‘’Senate will do the nation good by asking him to return to the Nigeria Police Force to face disciplinary committee and answer all the charges bordering on serious misconduct, unprofessional wrongdoings as earlier contained in our press statement released today.
‘’We want the public to know that he is not fit and proper to be a senator of the federal republic of Nigeria; because that purported retirement letter he displayed today was forged. That his forged letter is dated 2014, whereas he contested the 2011 general election. He is wanted by the force for forgery and desertion which are all criminal offences in the Nigeria law books.
‘’All DSP Hamman was saying were cheap blackmail, distraction and deliberate acts to derail investigation. So, the force will want the Senate Ethics and Privileges committee, which we have confidence and trust in, to see reason to ask him to dress up in his Police uniform to come and appear before Police disciplinary committee to answer charges against him”.
Meanwhile, a source in the Senate who do not want to be mentioned in print has said that the Red Chamber will as soon as it resumes to plenary session on 19th of this month direct its Ethics and Privileges committee to investigate the allegations leveled against Misau as well as that by Misau against the Nigeria Police Force.
Speaking with LEADERSHIP Sunday, the source who does not want his name in print said, “I can assure you that the senate will within the first few days of its resumption directs its Ethics and Privileges Committee to investigate allegations made by police against Senator Misau, just as it will direct the Police Committee to confirm allegations made by Senator Misau against the Nigeria police force.
‘’These allegations made from hindsight of information or by the privilege of insider’s knowledge can’t just be waved aside. Senate will as usual come home with the truth irrespective of the fact that one of its own is involved, or anybody for that matter in concerned”.