An officer of the Chief Magistrate Awka in accompany with the suspect in the criminal case COP VS Chukwunenye Nweke; Charge no; MAW/ 97C/2019, Chukwunenye Nweke has officially served the order of the Chief Magistrate Court, Awka, on AIG Zone9 Police Command, Umuahia, which orders AIG Zone 9 to release all documents attached to the case file assigned to Crack Squad and Monitoring Unit Zone9,respectively, to the defendant.
After serving the court order on AIG Zone 9, the suspect headed to office of the Nigeria Union of Journalists (NUJ) , Umuahia, where he issued a press statement, personally signed by him and titled, PRESS STATEMENT ON THE DELIBERATE ACT OF REFUSING TO RELEASE/ TENDER EVIDENCE THAT WILL EXPOSE / FIGHT CORRUPTION AND OTHER CRIMINAL ACTS BY AIG ZONE9 POLICE COMMAND,UMUAHIA
Nweke told Journalists in Umuahia that, in 2014,2015,2018,and 2019, respectively, he reported cases of fraudulent acts and other criminal acts involving police personnel and certain individuals to AIG Zone 9 but Zone9 has deliberately refused to release any information on the investigation conducted on his reports despite having written severally to AIG Zone 9, to furnish him with police findings and other documents in the matter.
And when he became nervous over the professional misconduct by Zone 9 personnel who were handling his reports, he restored to use Facebook,radio and other media platforms to accuse police of criminal subversion of justice, consequently, Zone9 charged him to court on false defamation and threat to life.
The suspect also told Journalists in Umuahia that in court, his Lawyer had made open and oral applications to AIG Zone 9 through his legal officer, U.S. Ekpo Esq, but police refused him access to the documents in the matter, which prompted him to file a petition against police in Court, and court granted his prayers but in spite of the fact that AIG Zone 9 was represented in court by his legal officer on the 16th date of October, 2019, police is still to obey court order, which compels AIG Zone 9 to release all documents to the suspect
The suspect in Umuahia said that the evidence in the context which AIG Zone 9 has deliberately refused to release are documents that will enable the presiding court to determine the facts of his publications on fraud,inducement and other criminal acts which he made against police personnel and the said individuals. And the essence of coming to serve the court order on AIG Zone 9, is to make AIG Zone 9 to be aware of the said order and comply with it before the next adjourned date,13th December, 2019.
The suspect appealed to members of Journalists in Umuahia to squeeze AIG Zone 9 why his officers are hiding evidence that will help fight corruption and other criminal acts; And if police would obey court order before December, 2019, by releasing all documents in the matter to enable him prepare his defence against police charge.
However, the suspect in his motion on notice and affidavit in support of Motion Notion which he filed against AIG Zone9 through his lawyer, sought for the following reliefs:
1). AN Order of the court directing/ mandating the prosecutor in this charge to issue the defendant/ applicant upon payment of the necessary fees, the Certified True Copies of the preliminary and comprehensive police investigation reports of Crack Squad and Monitoring Unit of Zone 9,Umuahia. Applicant’s statement to Crack Squad Zone 9, Dr. Aguiyi Anuli’s statement to Crack Squad Zone 9,Police Investigation Report from Central Police Station (CPS),Awka by IPO,Uwem Friday.
2). Statement of Dr. Aguiyi Anuli to C. P.S,Awka,dated 22/03/13,statement of Mrs . Ogochukwu Ikunne to the C.P.S,Awka,dated 22/03/2013,statement of Uwem Friday ( police officer) to Crack Squad,dated 21/11/18 all attached to the applicant’s case file with Crack Squad Zone 9,Umuahia.
3). Applicant’s statement to the Monitoring Unit,dated 6/08/2018,and 16/8/2018, statement of Dr. Aguiyi Anuli to the Monitoring unit ,petition to AIG Zone9 by Dr. Aguiyi Anuli and other documents that prosecution intends to rely on in persecuting this charge.
The applicant’s 20 paragraphs affidavit to support the motion state ststes as follows:
“That after my statement at Zone9, Umuahia the IPO Friday Uwem who investigated the case at CPS,Awka was invited by the AIG Zone9 to come and clarify the records and he came and made statement confirming my complaint but surprisingly the police turned around and charged me before this court for criminal defamation in charge no. MAW/ 97c/ 2019.
“That the statement that I and Dr. Aguiyi Anuli, her witnesses and Friday Uwem ( police officer) made at the various police stations and commands are very necessary and needed to make my defence in this charge.
“That I have applied to the police to issue me Certified True Copies of the said statement which I have seen myself, but all effort to get the police to make available to me the CTC was refused. Copies of the said applications to AIG Zone9 on 16/08/2018, 16/08/2018, and 29/1/2019, are hereby attached and marked Exhibits A,B, and C,respectively.
“That even after my lawyer applied in open Court for the police prosecutor to avail me of the documents it tends to reply on in line with the provisions of Anambra State Administration of Criminal Justice Law, ACLJ, he has refused/ neglected to do so.
“That by the Constitution of Nigeria and Evidence Act, the police are duty bound to furnish the defendant with the said documents and law also places a duty on the police to assist the court in making a finding of truth in the administration.
“That the overall interest and aim of the court is to achieve justice for all parties in every dispute before the court.
“That the documents sought from the police are public documents which every citizen has right to apply for and obtain upon payment of necessary fees.
“That the applicant has right to apply for and be issued with the said documents having undertaken to pay the necessary fees as required by law.
“That the police have a duty to issue the CTC of the said documents to the applicant upon his application.
“That the refusal/ neglect of the police to issue those documents after the applicant has repeatedly applied for them as seen from Exhibits A,B and C are above amounts to a fundamental breach of the law and with holding vital evidence that will help the court arrive at the justice of this charge.
“That the court has the power to order the police to produce the said documents to the applicant which are necessary for his defence of the charge against him
“That it is in the interest of justice that this application be granted”.
The Court while delivering the order stated that having heard S.I Obinwa Esq of council move his application, supported with 20 paragraphs affidavit in support of the motion and in view of the fact that the prosecution did not object to the application hereby orders as follows:
The complainant / Respondent is hereby ordered to issue the defendant / applicant upon payment of the necessary fees the Certified True Copies of all documents described above that the prosecution intends to rely on in prosecuting this charge pursuant to section 185(2) of ACJL,2010.
Copy of the order served on and received by AIG Zone9 on Monday 28 October, 2019, is attached below:
Leave a Reply