AGF says, reports of Nolle Prosequi is false
Maduako Igbokwe l Friday, August 21, 2020
ONITSHA, Anambra, Nigeria – Nanka Town in Orumba North Local Government Area of Anambra State has been thrown into crisis over amendment of its union constitution.
The Nanka Patriotic Union NPU had on 2011 amended it’s 1990 constitution, titled Nanka Town Town Union and Chieftaincy Constitution 2011. The amended Constitution made provision for the rotation of the monarch stool among five communities against original seven.
And since the amendment of the constitution, peace has eluded Nnaka with residents going from one court to another and from one police station to another.
Ezeokweghi/Ezeofor Royal Family dissatisfied with the constitution accused the town union executives of foisting unacceptable constitution on the town, vowing that they will fight against the amended constitution, using all legal means.
The family also accused the union of misleading the attorney general and commissioner for justice in ordering for indefinite suspension of cases in the court.
They alleged that the constitution was not amended by the town but was tinkered by few selected individual who wanted to create crisis and tension in the town for their selfish interest.
The leader of family , Chief Ben Okeke said during a press briefing in Awka, Anambra State capital that after the purported amendment of the constitution, the then traditional ruler refused to signed it because it was inconsistent with the tradition and custom of the town.
According to him, on presentation of the purported amended constitution to the public , the family reported cases of forgery to the police which was investigated those responsible were charged to court.
He stated that in 2011 four indigenes of the town in a bid to thwart the will of the people forged Nanka Patriotic Union constitution, merged two villages to prevent them from producing a traditional ruler in the community and misled the state government to accept forgery as a genuine document.
During the briefing, the family raised the alarm over plot by the four suspected persons standing trial for forgery to falsify court records and cause the case against them to be withdrawn by the Anambra State Attorney General and Commissioner for Justice.
Though, he said the case has suffered several challenges, passing through five magistrates and getting one high court judgment. Okeke said the latest was that the same people standing trial before the court of law have arm twisted the Athoney-General and commissioner for justice to discontinue the case.
In a letter titled: ‘Plot to abort prosecution of charge number AIMC/42C/2017 at Aguata Migistrate Court, Ekwulobia to secure travesty of justice’, the Ezeokweghi/Ezeofor Royal Family alerted the state Governor, the Attorney- General, the Chief Judge of Anambra state, the Director of Public Prosecution and the Administrative Judge of Aguata high court, Ekwulobia of plot by the accused persons to terminate the case through a Nolle prosequi from the Attorney General.
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Okeke said the charge was an offshoot of Nanka Town Union and Chieftaincy Constitution 2011.
According to him, there are present 5 other civil cases namely; Suit Nos: AG/159/2013; AG/185/2013; AG/171/2016; O/MISC/1446/2017; AG/74/2020 on said Constitution by different entities in Nanka.
He also said there is an interlocutory Order from Hon. Justice C. N. Mbonu Nwenyi suspending the Constitution on matters relating to Chieftaincy and four persons namely Messrs Damian Okoye, Bernard Onyekwelu, Godwin Nwabueze Nwafor and Patrick Okeke Emezue are being prosecuted for “altering and forgery’ with respect to the said constitution.
“Five Magistrates have handled proceedings in this charge but were frustrated by petitions at the instance of defendants ” he said .
According to him, several unsustainable petitions have been written against serving and retired Justices of High Court of Anambra State to frustrate trials in the charge and the Anambra State Judiciary had in some judgments and administrative proceedings made pronouncements or gave directives that Defendants should be tried for forgery.
He said the defendants in a bid to frustrate their trial had also gone on about four appeals and all the four appeals at the Aguata High Court were dismissed
“We have been informed and we verily believe that the defendants in the charge have now written to the Honourable Attorney General of Anambra State presenting position for possible withdrawal of fiat issued to prosecute them by a private legal practitioner and entering Nolle Prosequi in the said charge .
From the defendants stand, information reaching us has it that since the Government of Anambra State approved the Nanka Town Union and Chieftaincy Constitution 2011, it would be wrong for same Government to be prosecuting them.
Our is the contrary, the approval was given based on misrepresentation and suppression of facts which if it were available at the time of the grant, the relevant agency wouldn’t have done what it did” he said.
He said the defendant altered the original constitution and forged same before presenting it to the government who innocently played along with them.
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“We refer to various pronouncements made by Courts and administrative decisions by the Government Agencies and confirm that it will be ridiculous for Government to stifle prosecution of this charge. It will amount to perversion of justice. It will be a mess and embarrassment to judicial system and to the administration of criminal justice system. Such actions will obviate breach of trust and make mockery of our Judicial System. It will be a dent to our judicial system and public policy.
“If the action of the defendants is legitimate; if the defendants have good defence; why can’t they stand trial and defend their action; why can’t they advance their defence to court instead of frustrating trial of the charge since 5 years.
“We urge that the Court be allowed to try the matter to restore the confidence of the society in its system and to ensure that it works.
Secondly, we said that this case of Ezeokwghi/ Ezeofor Royal Family Nanka would either strengthen or destroy the remains of justice in Anambra state and beyond” he said .
He also said information reaching them has it that one Ositadinma Onwuatuegwu did inform Nanka forum some days ago before the last hearing that the Anambra state Attorney General has entered Nolle Prosequi on the criminal case against four NPU executives .
He also disclosed that when they were in court on 17/8/2020,to their greatest shock the matter has been adjourned sine die by the Magistrate based on order of the Attorney General and Commissioner for justice, according to do what Ositadinma told the forum.
Reacting, the immediate past President of Nanka Patriotic Union and one of accused persons in the forgery Mr. Benard Onyekwelu told our correspondent on phone that the amended constitution followed due process based on procedures laid down by the union.
According to him, the Ezeokweghi/Ezeofor Royal Family saw that the amended constitution was unfavourable to them, because they were of the opinion that the stool is hereditary and only for them.
“The family think that it is only the family that can produce a traditional ruler in the town” he said.
He said that when the amended constitution was launched, the late monarch was in attendance ,he and his family member never contested the constitution, until when the monarch died some of the family members who wanted to be the king started raising issues.
“They are complaining because the constitution does not favour them as family because they said that the stool is hereditary but it is not hereditary in our town .
“We went through rigorous and due process before the Anambra state government was able to approve the constitution and it was the same constitution people used to elect me into office in 2013 as president general” he said .
He also stated that in Nanka, the traditional ruler does not need to sign for the town union constitution to be adopted and operated , saying the constitution was only amended as it was not a fresh constitution. According to him ,in the previous constitution of 1990 as amended no monarch signed it.
He said there was no reason for them to unduly influence the stoppage of the trial in court ,but that the attorney general in his wisdom discovered that there was no forgery and decided to do the needful.
Also responding, the State Commissioner for Information and Public Enlightenment, Mr C. Don Adinuba, who claimed to have been briefed by the State Attorney General and Commissioner for Justice, Mrs Uju Wogu, described as falsehood allegations that the attorney was conniving with a party to adjourn the case sine die.
“I am just coming out of Exco meetings. The honourable attorney general and commissioner for justice said she was embarrassed by the allegation. She said she only called for the files following series of petitions from both parties. So, it is falsehood. They should stop spreading falsehood to the public,” he .
