DIG, DCP in trouble over withdrawal of criminal charges against Eunisell MD, others

Posted by Godwin Tsa | 22 December 2019 | 1,026 times

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•GMD Recare Cosmetics and Eunisell Chemicals Limited, Ikenga Chika

Two senior police officers, a Deputy Inspector General of Police (DIG), Force Criminal Investigation Department (FCID), Michael Anthony Ogbizi and a Deputy Commissioner of Police in charge of Legal Department, DCP Augustine Sanomi, are currently in trouble over their alleged role in the controversial withdrawal of criminal charges against an Industrial Chemist and Group Managing Director (GMD) of Recare Cosmetics and Eunisell Chemicals Limited, Mr Ikenga Chika.

Chika also doubles as the agent of Lubrizol USA, Claimant UK and Dow Chemicals.

Authorities are already investigating alleged acts of gross misconduct levelled against them in a petition dated to December 12, 2019.

In the a three-page petition supported by a 21- paragraph verifying affidavit, the petitioner, IDID Nigeria Limited and its Chief Executive Officer, Egnr Kenneth Amadi, chronicled the alleged acts of misconduct by the police officers that occasioned the controversial withdrawal of the charges against Chika, Suraj Yakubu and Eunisell Chemicals Limited.

The petitioner, a Chemical Engineer, narrated how after a meritorious service with Eunisell Limited for over 16 years, its owner, Mr Chika, falsely accused him of engaging in criminal activities in his petition to the police and the Economic and Financial Crimes Commission (EFCC).

This, he stated, was after he resigned his appointment with the company and had commenced his own business, IDID Nigeria Limited, which Mr Chika considered competition and “swore to me that he will shut it down.”

He stated that after five months of strenous investigation of the petition, the police eventually dismissed the petition for lacking in merit.

The petitioner added that “while the police invite was going on (and Mr Chika suspected he may not obtain a favourable report), he proceeded to the Economic and Financial Crimes Commission (EFCC), Lagos Zone, with yet another petition,” but was equally cleared by the anti-graft agency after seven months of Investigation, he said.

Attached to the petition are copies of the Police Investigation Report dated April 3, 2017, which cleared the petitioners of alleged case of criminal conspiracy, criminal breach of trust and stealing brought against them by Mr Chika, as well as the investigation report by the EFCC, which equally cleared the petitioners of an alleged case of fraud, obtaining money by false pretence and diversion of funds brought against them by Mr Chika.

In the said Police Report signed by DCP Ben Nebolisa Okolo for the Commissioner of Police, Police Speacial Fraud Unit (PSFU), with reference number CB: 4099/X/FHQ/ABJ/PSFU/P/F/VOL.2/136, addressed to counsel to the petitioners, Emeka Etiaba (SAN), it stated that “investigation and the legal advice showed that the allegations of offence of criminal conspiracy, criminal breach of trust and stealing against Kenneth Amadi could not be proved, therefore cannot be charged for any criminal offence.”

In its own Investigation Report dated November 24, 2017 with reference number CR: 3000/EFCC/LS/ISOS/TA/VOL.4/025, and addressed to counsel to the petitioners, Mr Emeka Etiaba (SAN), the Economic and Financial Crimes Commission, stated that, “based on the investigation and legal advice, it is revealed that the totality of the facts obtained in the case file, there is no evidence to sustain a criminal charge of fraud, diversion and obtaining money under false pretences against the suspects.”

According to the petition: “As the EFCC was going on with it’s second investigation, the Nigerian Police Force decided in it’s wisdom to prefer charge of forgery against Mr Ikenga Chika and his cohorts. The charge is charge No: CR/361/18, dated 04/10/18 and filed 05/10/18, after the police found that Mr Chika forged documents which he presented to them in support of his petition (in a bid to have me indicted).

“Mr Chika evaded arraignment and while the charge was pending, the immediate past Inspector General of Police was retired leading to posting, reposition and promotions and change of guard in the police force.

“The said posting, reposition, promotions and change of guard brought DIG Michael Anthony Ogbizi (DIG FCID) and DCP Augustine Sanomi (CP Legal into reckoning in the matter.

“Notwithstanding the fact that DCP Sanomi (now CP Legal) was in the legal department of the police and was part of the report earlier issued by the police with respect to the allegations of fraud against me (which the said report exonerated me), he and DIG Ogbizi caused the charge preferred against Mr Chika and his cohorts to be withdrawn.”

Amadi said rather than proceed with the out of court settlement which was the basis for the withdrawal of the charge against Chika, “I was shocked to realize that DIG Ogbizi and DCP Sanomi, had written to the Ministry of Justice, Abuja, insisting that I be charged and arraigned for fraud.”

The petitioner said he confirmed from the Director of Public Prosecution (DPP) at the Federal Ministry of Justice that a charge had indeed been filed against him and his company, IDID Nigeria Limited and is pending before the court “as DIG Ogbizi and DCP Sanomi have insisted that I must be prosecuted for an offence police investigation did not disclose.”

He described the conduct of the police officers as mind boggling in the light of the facts that “both officers were I the force when the police report exonerating me, my wife and IDID Nigeria Limited was issued by the police.

“The police report till date has not been impugned by them and the officers who investigated the petition are still alive and serving with the police and have not been accussed or punished for issuing false report.

“The officers who investigated the petition and issues report were also not called for re-investigation of the petition neither was I invited nor interrogated at anytime preceding the turnaround of the position of the police (leading to the charge against me).

“That both DIG Ogbizi and DCP Sanomi have not explained to anybody why they caused a charge of forgery preferred against Mr Chika and his cohorts was withdrawn and why they believe the charge of forgery made ought not be pursued any further.

The petitioner averred that: “I know all DIG Ogbizi and D.P Sanomi want to achieve is my humiliation and arraignment which they believe will serve the purpose for which Mr Ikenga has recruited them.’

The Inspector General of Police (IGP) had filed a four-count criminal charges against Mr Chika before the Gudu division of Federal Capital Territory (FCT), High Court Abuja.

In count one of the charge sheet marked CR/362/2018, prosecution counsel, …. told the court that “Ikenga Chika, Suraj Yakubu and Eumisell Chemicals Limited on December 14, 2016 did conspire amongst yourselves to commit the offences of false information, forgery and false personation under section 97 of the Penal Code of Northern Nigeria.

Count two reads: “That you, Chika Igenga, Suraj Yakubu and Eunisell Chemicals Limited on December 14, 2016 did furnish police authorities with false information and allegations in a petition to a public servant against Mr Kenneth Amadi, Mrs Happiness Kenneth and IDID Nigeria Ltd on allegations of false pretence, cheating, stealing and criminal conspiracy which could not be substantiated and thereby committed and offence punishable under section 140 of the Penal Code Laws of Northern Nigeria.

In count three, the trio were alleged to have ”forge the report excel sheet dated January 11, 2017 and imputed data which were not contained in the actual document and thereby committed an offence punishable under section 364 of the Penal Code Laws of Northern Nigeria.”

While in count four, the prosecution alleged that the defendants “did falsely present Suraj Yakubu (2nd defendant) as a Director of Eunisell, when in fact he is not registered in Corporate Affairs Commission as one of the Directors of the company (Eunisell) thereby committed an offence punishable under section 179 of the Penal Code Laws of Northern Nigeria.”

The prosecution counsel said the alleged offences are punishable under sections 97, 140, 364 and 179 of the Penal Code of Northern Nigeria.

However, when the case was called, the prosecution counsel, Rotshany Faith Dimka, informed the court that she had the instruction of her office to withdraw the charge.

According to her, “My lord, the matter is scheduled today for arraignment but my lord, I have received directives from my office to withdraw the charge for a possible out of court settlement.”

This came after the case had suffered five adjournments at the instance of the police which failed to produce the suspects for arraignment.

The defence counsel, Mr F Onoja, did not object to the withdrawal of the charge, saying he was not going to ask for cost.

Accordingly, Justice AB Mohammed struck out the charge marked CR/361/16 between Inspector General of Police vs Chika Ikenga and 2 others.

Justice Mohammed held that since the court ‎was not a warehouse, it was better to withdraw the charge and come back when the police is ready. (Sunday Sun)

Source: News Express

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