A Federal High Court sitting in Abuja on Wednesday quashed the conspiracy and forgery charges filed by the Inspector General of Police (IGP) against an 89-year-old Anambra-based businessman, Christian Eze.
The businessman who was helped into the courtroom with a walking stick was set free by Justice James Omotosho, along with a 75-year-old woman, Josephine Obineme, who jointly stood trial in the five-count criminal charges brought against them by the police.
Delivering judgment on Wednesday on the charges, Justice Omotosho held that the evidence presented against the two defendants by the police was vague, watery, and full of doubts for the court to establish any case against them.
The Judge said there was no link between the defendants and the charges preferred against them, as the police investigation was shady and had no legs to stand upon.
The IGP had filed five-count criminal charges, bordering on conspiracy, forgery, unlawful conversion of properties, and fraudulent claims of ownership of properties against the defendants.
The alleged offence, which ran contrary to sections 1, 2, and 6 of the Miscellaneous Act, carries 21 years upon conviction.
The defendants were specifically accused of falsifying Company Registration Documents at the Corporate Affairs Commission (CAC) in Abuja in 2005, to claim ownership of two companies, Jefrics Nigeria Limited and Zecon Nigeria Limited, belonging to their late senior brother.
In one of the counts, the 89-year-old Anambra businessman was said to have, in 2005, allegedly falsified Jefrics Company, allotted higher shares to himself and appointed himself as the Managing Director of the Company, while the second defendant was made Executive Director.
He was also accused of forging letters of consent to alter the share allotment in the two companies to back up his appointment as the Managing Director.
Besides, the defendant was said to have sold a Petroleum Station located at Lafia in Nasarawa State and belonging to one of the two companies at N25 million and converted the proceeds of the sale to his personal use.
About 20 exhibits were tendered during the trial and admitted by the court.
However, in his defence, the 89-year-old defendant claimed he had never been to the Corporate Affairs Commission in his life and did not know how to allot company shares and alter the Memorandum of Understanding.
He said in his statement and oral evidence that two lawyers, Otti and Kamaldeen Raji, were appointed to handle the affairs of the two companies on behalf of his late elder brother and that they should be held accountable for any issue involving the companies.
The second defendant, Josephine Obineme, claimed to be a former staff member of the companies and that she knew nothing about the allegations against her.
In his findings, Justice Omotosho said he believed the evidence of the two defendants they were consistent, confident, and unshaken during their oral testimony and under the fire of cross-examination.
He said it was wrong of the police to have refused, neglected, and failed to investigate both lawyers, Oti and Kamaldeen Raji, whose names featured prominently in the forgery, adding that the failure of the police to investigate the two legal practitioners was fatal to the prosecution.
‘I believe the evidence of the two defendants as witnesses of truth. I have no reason to doubt them. The failure of the police to investigate the two lawyers named in the shady forgery deal wreaks havoc on the charges.
‘The claim of Police that they cannot locate the two lawyers for investigation is doubtful, and doubt must be resolved in favour of the defendants. I have no cause to believe that they forged any document,’ Justice Omotosho said.
He held that the police were not diligent in the investigation into the forgery, while the evidence of the three witnesses called and testified was vague, watery, full of doubts, and of no help to the charges brought against the two defendants.
He therefore discharged and acquitted them of the entire five-count criminal charges.