From the CourtPilot Law

Alleged Certificate Forgery: Court gives police 14 days to transmit report on Kwara Rep

An Abuja Area Court in Karmo on Wednesday again ordered the police in the FCT to transmit to it an interim report on the allegation of certificate forgery against a Kwara State lawmaker, Ahmed Ndakene.
When the matter, which was slated for ruling on the command’s investigation report came up, the complainant’s counsel, Labio Oji, informed the court that they were ready subject to the court’s convenience.
However, Alex Edim, the defence counsel, who aligned with Oji’s position, complained that the delay in the matter was preventing his client from carrying out his legislative duties.
Ayi Joseph, a counsel also representing the complainant, in his submission appealed to the court to make a consequential order so that the investigation would be guided by stipulated terms.
Joseph, in addition, urged the court to exercise its discretionary power to proceed with the matter.
He said that it was not mandatory that the police must handle the investigation as there were other security agencies that could handle it.
The Judge, Inuwa Maiwada, however, said the police had not presented the court with any report.
He said when he made the order on July 6, the FCT Police Command was directed to ratify, authenticate and transmit the report by the Utako Divisional Headquarters to it within seven days, hence the report ought to be ready by now.
Maiwada therefore made a consequential order to the effect that a Reminder Notice should be issued by the court to the FCT Command immediately.
The judge also ordered that the police should transmit an interim report as failure to do so would compel the court to decide on the matter either way as the case may be.
He further ordered that the report should be furnished to the court not later than September 2.
Maiwada concluded by saying that the matter stood adjourned until September 7 for ruling on the police report.
Earlier, Inspector Edward Ikpafe, who represented the FCT Police Command in court, informed the court he was directed by the Deputy Commissioner to tell the court that the investigation report had not been concluded due to some bureaucratic bottleneck.
Ikpafe further said they were still awaiting the correspondence from West African Examination Council in order to enable them conclude their report and forward same to court.
The police officer in addition asked for a month as he claimed the pace with which the Council was working could take that period of time before it could furnish the police with the needed information.
The News Agency of Nigeria reports that the court had earlier directed the Utako Divisional Police Station to conduct an investigation into the allegation brought against Ndakene by way of direct criminal complaint by Mahmud Babako.
However, the court granted the complainant’s counsel application for the matter to be transferred to a higher police authority in order to speed up the conclusion of the investigation.
Babako, who was a candidate of the Peoples Democratic Party in the election that Ndakene, a candidate of the All Progressives Congress, emerged as winner, had alleged that the defendant forged his certificate.
He alleged that Ndakene, who represents Edu/Moro/Patigi Federal Constituency of Kwara State, had criminally breached the provision of Section 88(1), 89(3) and 109c of the Administrative Criminal Justice Act (ACJA) 2015.
He alleged that Ndakene forged his certificate and presented same to the Independent National Electoral Commission in the form he used to contest for the 2019 election.
The PDP candidate also alleged that the defendant deposed on oath to facts which were not true and was occupying the seat in the legislature based on false information and forged documents.

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