‘Forgery’: Police, AGF lawyers bicker over prosecution of Bayelsa senator

A federal capital territory (FCT) high court has fixed March 26 for the arraignment of Benson Konbowei, senator representing Bayelsa central, over an allegation of certificate forgery.

In the suit marked CR/028/2023, preferred by the inspector-general of police (IGP), the lawmaker is facing a three-count charge bordering on forgery of his National Youth Service Corps (NYSC) exemption certificate, among others.

Konbowei is accused of forging a document titled ‘Certificate of Exemption’ with number 000256454 and dated July 4, 2008.

The police said the senator acted contrary to the provisions of sections 366,156 and 158 of the Penal Code Act CAP 532 Laws of the Federation of Nigeria 1990 and is liable to punishment under section 364 of the Act.

Konbowei was scheduled to be arraigned before Christopher Oba, a judge, on Monday.

However, at the court session on Monday,  Gordy Uche, counsel to the lawmaker, told the judge that his client was “medically indisposed” and tendered a medical report to substantiate his claim.

“My lord, the defendant is medically indisposed and cannot be in court. He is on a drip.  I pray the court for an adjournment. I promise to provide him at the next proceedings,” Uche said.

However, Reuben Egwuaba, counsel for the attorney-general of the federation (AGF), said the defendant was evading trial.

Egwuaba prayed the court to issue a bench warrant for the arrest of the senator.

“We oppose the medical report. He was at the force headquarters and wrote a petition against me on Friday where he stated that he wanted the police to continue with the case. He said he did not want me,” the lawyer said.

“In view of this, I seek an order of this court in accordance with Section 352 ACJA to issue a warrant arrest on the defendant. His absence is a calculated attempt to undermine the court.”

However, the judge accepted the medical report.

“The problem is that the court is expected to act on facts. If you have a contrary view, you should say it on oath or bring another document to show the medical report is not the fact,” the judge said.

The judge, who observed that the document had no hospital name, ordered that the name of the hospital must be provided. 

He adjourned the matter till March 26 and 28 for arraignment and commencement of trial.

“If you don’t come with your wwitnesses, I will trike out your case,” he held.

Earlier at the court session, there was a mild drama when another counsel, Eyinsan Lawrence announced an appearance for the IGP.

Egwuaba told the court that he secured a fiat from the AGF to prosecute the case. 

But Lawrence said Egwuaba just informed him some minutes ago.

“I was just informed.  Egwuaba served me served this morning,” he said.

“Our position is that the IGP should be served and we will be communicated to allow him to take over the matter. As it is, we will need time to investigate the fiat and his claim that the AGF has taken over the matter. “

The judge overruled Lawrence, adding that the AGF has the right to take over the suit as the chief law officer of the country.

“I will recognise him since he is from the  AGF and has submitted a document to that effect. The AGF is the  Chief Law Officer of the land,” the judge held.

“Go and investigate if there’s a reason not to recognise him, come back to me. It is the law that I should act on this. I will not recognise your appearance.”