The police has lodged an appeal against the judgement of Justice Taiwo Taiwo of a Federal High Court in Abuja ordering it to commence the prosecution of the Group Managing Director of Eunisell Chemicals, Chika Ikenga and two others for alleged false information.
Justice Taiwo had on 16th Nov. 2020, made the order while delivering judgement in a suit marked FHC/ABJ/CS/1580/2019 filed by Kenneth Amadi, an ex-Eunisell staff, Happiness Amadi and IDID Nigeria Limited.
The case emanated from Ikenga and Eunisell’s previous complaint to the police about Amadi receiving and obtaining by false pretence, with intent to defraud, the sum of N2, 900,000,000 belonging to Eunisell Ltd.
Amadi is currently being tried by the Attorney General of the Federation (AGF) before Justice Mohammed Liman of a Federal High Court in Lagos alongside his firm, IDID Nigeria Limited, over allegedly defrauding Eunisell of N2.9 billion.
In his judgement, the judge ordered the police to refile the earlier withdrawn alleged false information charge and prosecute Ikenga, Suraji Yakubu and Eunisell Chemicals Limited.
Dissatisfied with the verdict, the Inspector General of Police (IGP), Mohammed Adamu, DIG Michael Anthony Ogbizi (FCID) and DCP Augustine Sanomi (CP Legal) lodged an appeal at the Court of Appeal in Abuja seeking a reversal of the judgement.
In one of the seven-ground appeal, the appellants said that the trial judge erred in law by granting the order of mandamus when in the circumstance, he lacked the jurisdiction to do so.
According to the appellants, Order 34 Rule 2 of the Federal High Court Rules makes it mandatory that “any person directly affected” by the motion under which the mandamus was obtained “shall be served” with the said motion on notice or summons. But Messrs Chika Ikenga, Suraj Yakubu and Eunisell Chemicals Limited who were ordered to be prosecuted by the order of mandamus and “directly affected” by same were never served with any notice or otherwise notified of the said proceedings.
It was also argued that the fact and circumstances of the prosecution ordered by the court are similar to the one upon which the AGF is currently prosecuting Kenneth Amadi in Lagos.
Amadi was on Feb. 3, 2021, arraigned on a 5-count charge bordering on the alleged offence. He however pleaded not guilty and was admitted to bail in the sum of N20 million and a surety in the same amount.
Further hearing in the matter has been fixed for March 10, 2021, for definite trial of the defendant.