- Court orders urgent compulsory test of Coronavirus to determine status prior to remand in custody
THE Federal Government on Thursday, arraigned Dr. Obinna Uzor, a former Anambra South PDP Senatorial candidate, and his lawyer, Eziafa Samuel Enwedo over forgery of court documents to unseat Senator Ifeanyi Uba of the Young Progressives Party (YPP) as he then was.
Dr. Uzor, who is also a lawyer and Enwedo were alleged to have on or about September 2019 conspired with Anani Anacletus Chuka, Aron Ifunanya, and Faith Samuel, all of who are at large to commit a felony to wit; forging originating summons number CV/3044/18, Anani Anacletus Chuka Versus Ubah Ifeanyi Patrick and Others and thereby committed an offence contrary to Section 3 (6) of the Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria 2004 and punishable under Section 1(2) of the same Act.
Specifically, Obinna Uzor and Enwedo are being prosecuted for allegedly using fake and forged documents and in connivance with some court officials tried to unseat Senator Patrick Ifeanyi Ubah as the Senator representing Anambra South Senatorial District.
During their arraignment, an effort by Chukwudi Igwe, counsel to the defendants to move a bail application met a brick wall is it was vehemently opposed by the prosecution counsel, Afam Osigwe.
In a bench ruling, the presiding judge, Justice Okon Abang held that the law is settled on the issue of filing a bail application before an arraignment.
“This court has no jurisdiction to entertain a bail application of the defendant filed before arraignment.
“In a criminal matter, the first thing to do is to arraign a defendant and then an application for bail can be filed.
Consequently, Justice Abang dismissed Chukwudi Igwe’s bail application, same having been withdrawn.
However, before adjourning the matter to July 6, for the continuation of trial, the court ordered the Nigerian Police to hand over Dr. Uzor to the Nigerian Centre for Disease Control to conduct a COVID-19 test on him.
Justice Abang reasoned that due to the Coronavirus pandemic, the court cannot remand a defendant whose COVID-19 status is unknown in any correctional facility.
The court maintained that, it was after Uzor’s status is known that it will make an appropriate order.
More so, Justice Abang said reminding Dr Uzor is still dependent upon when the court sees his bail application.
“The court cannot order his remand in prison having regard to the current situation and since his medical condition is not known. The court have to be slow in remanding Defendants in Correctional Center.
“The court will take a further decision as regard to his custody upon submission of the result of his COVID-19 test”, Justice Abang ruled.
Meanwhile, the court said the bail condition granted to Enwedo on March 19, and varied on April 23, 2020 remains in force.
It would be recalled that a Committee set up by the High Court Of the Federal Capital Territory (FCT) to investigate the case of forgery and fraud perpetrated by Dr Obinna Uzor in his bid to unseat Senator Ifeanyi Utah had recommended the dismissal of three officers of the court while others were recommended for demotion for their various roles in the forgery of court documents.
The Committee in its report dated June 1st 2020, established that the court officials connived with Dr Uzor and his lawyers to perpetrate fraud and forgery of documents of the court.
According to the Committee’s report signed by its Chairman Madugu Mohammed Alhaji and Secretary Aminu Nash Audu, “the Committee after investigation and careful study of evidence adduced and all the exhibits tendered discovered that the entire suit contracted in CV/3044/18 was a fraud and does not exist in the FCT High Court record.
Specifically, Senator Ifeanyi Ubah had through his Counsel, Chukwuemeka Nwuigwe petitioned the Chief Judge Of the FCT High Court basically on what they perceived as unprecedented fraud in the history of the Nigerian Judiciary. The counsel alleged that the staff altered, mutilated and backdated processes of an unassigned suit to cause damage to him.