DPA can expose the police: look at this

Emeka Ugwuonye has been on a mission, forced upon him by circumstance. When they took him to Abattoir, he saw unimaginable impunity. When they took him Garki police station, saw more. DPA has kept a good record of how the police can abuse their prosecutorial  authority.

A SUMMARY OF ABUSE OF PROSECUTORIAL POWERS THROUGH THE CASES

The Nigerian Police, FCT Command, headed by Mr. Bala Ciroma, filed the following charges against Emeka Ugwuonye and grossly abused their powers.

 

(1) In April 2018, the police filed a criminal defamation charge against Emeka at the Magistrate Court, Wuse Zone 2. Court No. 2. Complainant is David Aiyedegbon. The theory of the offense was that Emeka made a post on Facebook accusing David of involvement in the disappearance of Chacha. Note that David already sued Emeka civilly since 2016, but was doing badly in the civil case. Also, note that in April 2018, the police had not arrested anyone in connection with the disappearance of Chacha. So, they really could not have ruled out anybody.

 

On the day of arraignment, the police prosecutor, one Mr. Adama vigorously opposed bail. But the court granted Emeka bail over the opposition of the police. Outside the courtroom, Mr. Adama warned Emeka’s counsel, Mr. Tosin Ajaomo, that if Emeka continued criticizing the police over Chacha’s case the police would charge him with the murder of Chacha. Note that in April of 2018, the police officially continued to deny DPA’s claim that Chacha was killed in 2016.

 

The police were disappointed that Emeka was granted bail in Court No. 2.

 

(2) On July 6, 2018, while Emeka attended hearing at Court No. 2, the police arrested him at the court house. They detained him in Abattoir detention center till July 9, 2018 when he was charged to Court at Magistrate Court, Wuse Zone 2, Court No. 9. Again David was the Complainant. The theory of the offense was that he, Emeka, misled the police when he posted on Facebook that the confessions of the two men arrested and paraded by the police as killers of Chacha were probably not voluntary.

 

The police vehemently opposed bail. But the Magistrate granted Emeka bail over the opposition of the police. Emeka met the terms of bail the same day. But the police prosecutor refused to verify the surety as directed by court. It took 7 days detention of Emeka in Keffi Prison before the Magistrate varied the bail order for the purpose of removing the requirement of verification by the police prosecutor.

 

(3) On October 16, 2018, while Emeka was attending the trial in Court 2, the police arrested him again and detained him. On October 18, 2018, while in the custody of the police, Mr. James Idachaba, a senior police officer, was heard discussing with other police officers concerning how to ensure that Emeka would be remanded by any court. The discussion was which of the Magistrates would agree to deny Emeka bail in the next charge. The officers mentioned names of various Magistrates. They settled on one Magistrate at Court 3, Wuse Zone 6. Mr. Idachaba made a phone call, presumably to the Magistrate. They discussed Emeka Ugwuonye and the need to remand him. After the call, Mr. Idachaba ordered Emeka into a police van and they took him to Magistrate Court, Wuse Zone 6, Court 3. Mr. Idachaba went into the office of the Magistrate and came out after about 30 minutes.

 

When the case was called and after arraignment, the police opposed bail. The Magistrate played to an agreed script by calling for a written bail application. He adjourned for a week to hear the bail. On October 25, 2018, he adjourned again to October 26, 2018 to rule on the bail application. The Magistrate granted bail.

 

(4) On November 14, 2018, while he was attending the hearing at Magistrate Court 9, at Wuse Zone 2, the police withdrew the case in that Court. The Magistrate made a profound remark while striking out the case. The Magistrate stated on record that the police were desperate and that their action amounted to persecution of Emeka.

 

(5) As Emeka was stepping out of Magistrate Court 9, on November 14, 2018, the police served two criminal summonses on him. One contained 10 count charges, which was a duplication of the charges filed in the three Magistrate Courts (Court 2 and 9, Wuse Zone 2 and Court 3, Wuse Zone 6). The second summons was for a murder and armed robbery charge. The theory of the offense was that Emeka conspired with Jekwu and Emmanuel Adogah and robbed and killed Chacha with a machete. Emeka was not arrested this time.

 

(6) On November 26, 2018 while Emeka was attending trial at Magistrate Court 2, the police arrested him again and took him to Abattoir Detention center where he was held until December 14, 2018 when he was arraigned before Justice Modupe Osho-Adeyemi of the FCT High Court, Gudu. The judge remanded Emeka in Kuje Prison.

 

(7) In February 2019, Justice Modupe Osho-Adebiyi denied Emeka bail to the delight of Mr. Idachaba who led the prosecution team. Justice Modupe Osho-Adebiyi admitted later that she decided the bail application without reading the proof of evidence. This is instructive because one of the grounds for the bail application was that there was no connection between the charges and the proof of evidence.

 

(8) The police prosecution and the complainant sponsored people to come to Court to photograph Emeka in the dock and use his pictures for smear campaign against him in the social media.

 

(9) After Emeka was denied bail and remanded, the prosecution still went to Magistrate Courts 2 and 6 to ask for bench warrant because Emeka was not in Court.

 

(10) When the Magistrates refused to issue bench warrant, given that Emeka was in the prison custody, the prosecution applied to withdraw the charges in Courts 2 and 6. Their aim then was to obtain a bench warrant which could be used to justify further arrests if Emeka was to get bail at the High Court.

 

The records of these proceedings are available. There is no doubt that the Commissioner of Police and Mr. James Idachaba have thoroughly abused the prosecutorial powers of the police, with the indulgence and probable collusion of some of the judicial officers.

 

Prepared by DPA