CRIMINAL PROSECUTION 15/11/2022
Alleged Forgery: Court Remands Epe High Chief, Ikuforiji
A Federal High Court in Lagos yesterday revoked the earlier bail granted to the Balogun of Epe, Chief Olajide Ikuforiji, and granted him new bail conditions.
The trial Judge, Justice Abdulazees Anka, also ordered Ikuforiji to be remanded in the custody of the Nigeria Correctional Service, Ikoyi in Lagos pending the perfection of the fresh bail conditions.
The defendant, who is currently facing trial for alleged forgery and uttering of documents, has not been attending to his trial consequent upon which the prosecutor, Mr. Chukwu Agwu, from the Police Special Fraud Unit, Ikoyi, sought a warrant of arrest, which was granted by the court.
However, when the trial resumed yesterday, the defendant alongside his lawyer, K.S Lawal, appeared in court.
In his submission before the court, the defendant counsel told the court that he had two applications pending before the court. He said one of the motions is asking the court to set aside the earlier warrant of arrest against the defendant while the second motion is asking the court to set aside the earlier order which foreclosed the defendant’s case due to his prolong absence to open his defence or filed any written defence
But the prosecutor, Agwu, in his opposition to the hearing of the two applications, said he was just served with advance copy of the motions at the court premises, and as such, the applications are not ripe for hearing.
On the issue of the application seeking to set aside the bench warrant for the arrest of the defendant, after a prolong argument and the defendant’s inability to clarify the true state of his sureties, the court revoked the earlier bail, and granted the defendant fresh bail conditions.
The court also directed the defendant to remain in the custody of the Nigerian Correctional Service in Ikoyi pending the perfection of the bail terms
Ikuforiji, who is being prosecuted by Chukwu Agwu of the Police Special Fraud Unit, Milverton Road, Ikoyi, Lagos, in charge number: FHC/ L/ 323C/2016 is currently facing a two-count charge on forgery and uttering of forged documents.
pecifically, the defendant was charged by the Police Special Fraud Unit (PSFU) under Sections 2(c)of the Miscellaneous Offences Act 2004, Law of the Federation of Nigeria.
Count one of the charge alleged that Ikuforiji forged the Minutes of the Emergency Meeting of Eko Epe Forum held on October 20, 2022, at the residence of Otun Mogaji Ngeri of Epe land.
Consequently upon the arraignment of the defendant, the trial went on before Justice Abdulazees Anka, and the prosecution closed its case after calling four witnesses and tendering several exhibits.
Justice Anka, thereafter, adjourned for the defendant to open his defence.
However, rather than open his defence, Ikuforiji opted for a no-case submission which was later dismissed, but not satisfied with the ruling of the court on the no -case submission, Ikuforiji filed an appeal at the Court of Appeal, Lagos division, but the appellate court, while delivering ruling on the defendant’s appeal on July 23, 2020, in appeal number: CA/L/1447c/2018 sustained the decision of the trial court and ordered the defendant to return to the lower court and open his defence.
But instead of the defendant to obey the decision of the appellate court which ordered him to return to the lower court for his trial, he had refused to turn up for his trial since September 2020 despite service of hearing notice dated December 22, 2020, directing him to appear in court on January 20, 2021, while all efforts to track him since then had not been successful since then.
Following his continued absence in court, the prosecutor, Agwu, sought a bench warrant for his arrest which was granted by the court, but the police were still unable to apprehend him.
Consequently, the prosecution on June 13, 2022, applied to the court that the defendant be tried in abstention in line with Section 352 (sub 4) of the Administration of Criminal Justice Act (ACJA), 2015, and the trial court granted it.