IGP’S N120bn BRIBE SCANDAL: Why court declined FG’s prayer to order Misau’s arrest

The Chief Judge of the Federal Capital Territory, Justice Ishaq Bello, on Monday declined the prayer of the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), to issue a summon for the arrest of Senator Isah Misau.

Justice Bello said that the Federal Government has not shown the court any evidence that Senator Misau, who represents Bauchi Central senatorial district at the Senate, had at any time evaded service of the charge on him to warrant the court issuing summon for his arrest.

Senator Misau, a retired Deputy Superintendent of Police, is facing two sets of criminal charges in the court for the allegations he made that the Inspector General of Police, Ibrahim Idris collects bribes amounting to N120 billion, as well as other corrupt practices he leveled against the IGP.

Among other things, the Federal Government claimed that the lawmaker made “injurious falsehood” against the IGP and the Nigerian Police Force.

In the charge marked FCT/HC/CR/345/2017, the “injurious falsehood” the Federal Government leveled against Senator Misau included his claims that police officers paid as much as N2.5million to get special promotion and posting through the Police Service Commission (PSC), that the police boss diverted money meant for the purchase of Armoured Personnel Carriers, Sport Utility Vehicles and other exotic cars.

The Federal Government also said that Senator Misau falsely accused the IGP of making almost half of the mobile commanders in the country the people of his Nupe extraction and that the lawmaker’s claim that the IGP instituted roadblocks across Nigeria with the purpose of extorting money from unsuspecting motorists, as well as claim on Idris’ sexual affair with female police officers were false.

Also, one of the allegations for which the lawmaker has been dragged to court was his claim that the IGP collected illegal fees running into billions of Naira by providing security protections to corporate organizations, eminent citizens and oil companies.

The AGF had therefore persuaded Justice Bello to issue summon for the arrest of Senator Misau who is facing two sets of criminal charges.

He had through a lawyer from the Federal Ministry of Justice, Mr. Hadi Saleh, applied under sections 113 and 114 of the Administration of Criminal Justice Act, ACJA, 2015, for Senator Misau to be forcefully compelled to appear before the high court to enter his plea to the five-count charge.

The AGF had argued that the lawmaker by his false allegations committed offences contrary to Section 393(1) of the Penal Code.

Saleh had told Justice Belo that the prosecution was yet to serve all the relevant processes on the defendant to pave way for his arraignment before the court.

He said, “My lord I can confirm that we are yet to serve the defendant with a copy of the charge. We are however going to intensify our effort to have all the processes served on him. We shall be applying for seven days to enable us to do so.”

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But Justice Belo after listening to the lawyer’s argument in his chambers, declined the Federal Government’s prayer on the basis that there was no evidence to show that the defendant had at any time evaded service of the charge on him.

He said, “There is no evidence that the defendant deliberately evaded service. Before this kind of application is granted, there must be particulars that the defendant deliberately refused to accept service.

“It is only then that you can apply for summons or arrest warrant. It is first thing first. You don’t come with hostility. You must establish your case that he evaded service, then the court will come in and do the needful because no one is above the law.”

Justice Bello then adjourned the matter till Thursday..

 

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