Abia 2023: Court Convicts Ex-Minister for Falsifying APC Primary Result and Orders Arrest
A Magistrate's Court in Umuahia, Abia State, on Thursday convicted a former Minister of State for Mines and Steel Development, Uche Ogah, of falsifying the main outcome of the governorship of the All Progressives Congress (APC) in the state.
The judgment follows a criminal complaint filed by the APC in the state alleging that Mr. Ogah falsified the party's direct primary results sheet "with the intent that it may be considered authentic", although she did not participate in the party's gubernatorial primary held on May 26.
The plaintiff argued that Mr. Ogah's "tampering" was detrimental to the party and to Ikechi Emenike, whom the party recognizes as its "authentic government standard-bearer", according to a report by TheCable.
The offence, according to the APC, is contrary to article 465 of the Penal Code (as it applies to Abia) and punishable under article 467 of the code.
Rendering judgment on Thursday, the magistrate, Ngozi Nwangwa, said the accused "is guilty as charged".
“I am satisfied that the accused has no defence,” the magistrate said.
“I hereby commit Dr. Uche Ogah for the offense with which he is charged,” she added.
Mr. Ogah, the defendant, was not present in court during the proceedings.
But the magistrate ordered the security agencies to arrest him wherever he is and detain him in any correctional facility until the day he is brought to trial for sentencing.
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The defendant had not appeared in court since November, when the case went to trial, and no lawyer has represented him.
The magistrate, however, said the former minister had written a petition to the Chief Justice and the Attorney General alleging "bias and compromise".
READ ALSO:The APC had called Chidi Avajah, APC State Secretary of Abia, as the only witness on November 30.
They also tendered as exhibits affidavits filed by Tony Obiefuna, a representative of the APC gubernatorial primary election panel for Abia, and Chukwudi Kanu, who was an interested party in the primary. Both men said their signatures were forged by Mr. Ogah.
The defendant did not open his defense on the charges against him.
The prosecution, after making submissions, closed its case and urged the court "to accept the documentary evidence, to rely on it, and to act accordingly".
Can individuals or civil groups file a criminal complaint?
Stanley Alieke, an Abuja-based lawyer, told PREMIUM TIMES that since this is a criminal case, the court has the power to convict Mr Ogah.
"The offense of forgery he committed is a crime punishable by conviction.
“And again, does the magistrate court have jurisdiction to hear cases of that capacity, the answer is yes,” the attorney said.
Mr. Alieke said Mr. Ogah could only appeal against the judgment, stressing that any action by the APC candidate against the judgment would amount to contempt of court.
Asked whether individuals or civil groups have the right to bring a criminal action, the attorney said the previous rule was that only the state attorney general had the power to initiate and to prosecute criminal cases, in accordance with Section 211 of the 1999 Constitution (as amended).
He explained that under the old rule, individuals or groups could only bring criminal charges after they had successfully sought authorization from the state attorney general.
"That's what most attorneys know. But a recent Supreme Court judgment repealed that rule. It (the judgment) simply said that private attorneys and individuals can initiate and prosecute a criminal case So it's no longer the state attorney general who has the sole authority to do that,” he said.
Ahead of the 2023 general election, the APC had been embroiled in a struggle for state leadership, leading to two factions.
Messr Ogah and Emenike had become the APC gubernatorial candidates in Abia State following two parallel primaries.
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A Magistrate's Court in Umuahia, Abia State, on Thursday convicted a former Minister of State for Mines and Steel Development, Uche Ogah, of falsifying the main outcome of the governorship of the All Progressives Congress (APC) in the state.
The judgment follows a criminal complaint filed by the APC in the state alleging that Mr. Ogah falsified the party's direct primary results sheet "with the intent that it may be considered authentic", although she did not participate in the party's gubernatorial primary held on May 26.
The plaintiff argued that Mr. Ogah's "tampering" was detrimental to the party and to Ikechi Emenike, whom the party recognizes as its "authentic government standard-bearer", according to a report by TheCable.
The offence, according to the APC, is contrary to article 465 of the Penal Code (as it applies to Abia) and punishable under article 467 of the code.
Rendering judgment on Thursday, the magistrate, Ngozi Nwangwa, said the accused "is guilty as charged".
“I am satisfied that the accused has no defence,” the magistrate said.
“I hereby commit Dr. Uche Ogah for the offense with which he is charged,” she added.
Mr. Ogah, the defendant, was not present in court during the proceedings.
But the magistrate ordered the security agencies to arrest him wherever he is and detain him in any correctional facility until the day he is brought to trial for sentencing.
>
The defendant had not appeared in court since November, when the case went to trial, and no lawyer has represented him.
The magistrate, however, said the former minister had written a petition to the Chief Justice and the Attorney General alleging "bias and compromise".
READ ALSO:The APC had called Chidi Avajah, APC State Secretary of Abia, as the only witness on November 30.
They also tendered as exhibits affidavits filed by Tony Obiefuna, a representative of the APC gubernatorial primary election panel for Abia, and Chukwudi Kanu, who was an interested party in the primary. Both men said their signatures were forged by Mr. Ogah.
The defendant did not open his defense on the charges against him.
The prosecution, after making submissions, closed its case and urged the court "to accept the documentary evidence, to rely on it, and to act accordingly".
Can individuals or civil groups file a criminal complaint?
Stanley Alieke, an Abuja-based lawyer, told PREMIUM TIMES that since this is a criminal case, the court has the power to convict Mr Ogah.
"The offense of forgery he committed is a crime punishable by conviction.
“And again, does the magistrate court have jurisdiction to hear cases of that capacity, the answer is yes,” the attorney said.
Mr. Alieke said Mr. Ogah could only appeal against the judgment, stressing that any action by the APC candidate against the judgment would amount to contempt of court.
Asked whether individuals or civil groups have the right to bring a criminal action, the attorney said the previous rule was that only the state attorney general had the power to initiate and to prosecute criminal cases, in accordance with Section 211 of the 1999 Constitution (as amended).
He explained that under the old rule, individuals or groups could only bring criminal charges after they had successfully sought authorization from the state attorney general.
"That's what most attorneys know. But a recent Supreme Court judgment repealed that rule. It (the judgment) simply said that private attorneys and individuals can initiate and prosecute a criminal case So it's no longer the state attorney general who has the sole authority to do that,” he said.
Ahead of the 2023 general election, the APC had been embroiled in a struggle for state leadership, leading to two factions.
Messr Ogah and Emenike had become the APC gubernatorial candidates in Abia State following two parallel primaries.
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