An Abuja High Court has declined a request by the Inspector General of Police (IGP) to issue a bench warrant for the arrest of five retired senior police officers accused of forgery and age falsification.
Justice Halilu Yusuf of the Federal Capital Territory (FCT) High Court, ruling on Thursday, held that the prosecution must first ensure personal service of the criminal charges on the defendants before seeking their arrest.
The defendants, who were absent in court, are facing a 14-count charge bordering on conspiracy, forgery and falsification of official records to allegedly extend their years of service in the Nigeria Police Force.
They are: retired Assistant Inspector General (AIG) Idowu Owohunwa, retired Commissioners of Police (CPs) Benneth Igweh and Ukachi Peter Opara, retired Deputy Commissioner of Police (DCP) Obo Ukam Obo, and retired Assistant Commissioner of Police (ACP) Simon A. Lough (SAN).
Prosecution counsel, ACP Rimamsomte Ezekiel, had urged the court to issue a bench warrant in line with Section 266(1) of the Administration of Criminal Justice Act (ACJA), 2015, citing the officers’ failure to appear despite efforts to serve them.
He told the court that investigators traced their known addresses without success and later sent electronic copies of the charges to their WhatsApp numbers.
“I am surprised that despite being served electronically, the defendants have refused to attend court. We urge Your Lordship to order their arrest so they can face trial,” Ezekiel submitted.
However, defence counsel, Chief Terkaa Aondo (SAN), countered that the police failed to effect personal service, which is mandatory in criminal trials.
“My Lord, this is not a civil matter. Until the defendants are properly served, any application for a bench warrant is premature.
“The police have the machinery to arrest and produce them. If they could arrest Nnamdi Kanu in Kenya and Omoyele Sowore here in Nigeria, why not these defendants?” Aondo argued.
Justice Yusuf, agreeing with the defence, stressed that personal service remained a prerequisite for arraignment.
“You granted them bail on self-recognizance. It is still your responsibility to present them in court. You are the prosecutor, and it is your duty to ensure their presence,” the judge ruled.
He therefore adjourned the matter to November 17 for arraignment, directing both the prosecution and defence to ensure the attendance of the defendants.
According to the charge marked CR/353/2025, the accused persons allegedly conspired to falsify their ages and service records in violation of the Public Service Rules, thereby overstaying in office and illegally benefiting from salaries and privileges.
The offences, the prosecution said, contravene Sections 97 and 324 of the Penal Code.
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