From: Godwin Tsa, Abuja
Sen. Isah Misau, representing Bauchi Central Senatorial District in the National Assembly was, on Tuesday, put in the dock of the Abuja division of the Federal High Court for charges of making false documents.
He could, however, not be arraigned as the charges were not read to him for the purpose of taking his plea.
The development came after the defence counsel, Mr. Joshua Musa (SAN), opposed the arraignment of the senator on the basis of an irregularity noticed on the face of the charges.
According to the lawyer, the absence of the Nigerian Bar Association’s stamp pasted to the charges, amounts to an irregularity under Rule 10 of the Rules of Professional Conduct for Legal Practitioners.
He also cited the authority of the Supreme Court in Yaki Vs Bagudu 2015 to back his argument.
“There is an irregularity on the face of the charge, it will be dangerous for the defendant to take his plea,” Musa said.
In response, prosecution led by Mr. Saleh Barkun of the Office of the Attorney-General of the Federation, said it was unnecessary to place the stamp on the amended charges since the the old charges had the stamp.
But in her bench ruling, Justice Anwuli Chikere agreed with the defence and adjourned the case to December 12 for arraignment.
The Judge directed the prosecution counsel to correct the irregularity before the next day.
Meanwhile, during the exchange of arguments on the matter, Misau was kept standing in the dock.
During the early stages of the short proceedings, the prosecution applied to substitute the old set of seven counts earlier preferred against the senator on October 7, with the amended 10 counts filed against him on October 27.
The amended case with additional three counts and marked, FHC/ABJ/CR/170/2017 was signed by Mr. Kayode Alilu also of the Office of Attorney-General of the Federation.
Justice Chikere struck out the earlier charges filed on October 10 upon the prosecution’s application.
The amended charges are different from the case before the High Court of the Federal Capital Territory in Abuja where the senator has been arraigned on five counts of spreading injurious falsehood against the Inspector-General of Police, Mr. Ibrahim Idris, in the media.
In the amended charges before the Federal High Court, Abuja, the prosecution accused the senator of making and “uttering” false documents which he allegedly submitted to the Independent National Electoral Commission when he was seeking election to the Senate in 2011 and 2014.
The documents, which he was said to have falsely made and uttered, comprised affidavits in support of personal particulars, statutory declaration of age deposed to at FCT High Court and the Bauchi State Health Management Board Birth Certificate with number 28799,
But in two of the three additional counts, he was accused of making and uttering a Bauchi State Health Management Board Birth Certificate with number 141400C which he allegedly submitted to INEC on January 28, 2011, knowing it to be false.
Although, in the first set of counts, he was accused of uttering Statutory Declaration of Age deposed to at the High Court of the Federal Capital Territory, Abuja on December 15, 2014, he was not charged with the actual offence of falsely making the document.
But the count of falsely making the document is now part of the amended charges.
The various birth certificates and statutory declarations of age submitted to INEC by the senator at different times were said to have disclosed different dates of birth.
Two of the additional counts in the amended charges filed before the Federal High Court in Abuja read, “That you lsah Hamman Misau of Hamman Misau Residence, Turaki Street Turaki Street Misau Bauchi State on or about January 28, 2011 at Independent National Electoral Commission Headquarters, Abuja within the jurisdiction of this honourable court, did make a false document to wit: Bauchi State Health Management Board Birth Certificate with Registration No. 141400C which you submitted to the independent Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1(2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.
“That you Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State on or about January 28, 2011 at Abuja within the jurisdiction of this honourable court, did utter a false document to wit: Bauchi State Health Management Board Birth Certificate Registration No. 141400C by submitting same to the Independent National Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1(2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.”
Already, the AGF office had on October 19, arraigned the Senator before the High Court of the Federal Capital Territory High Court in Maitama, Abuja, on five counts of making injurious falsehood against the Nigeria Police Force and the IGP.
Part of the allegations by Misau, a retired Deputy Superintendent of Police, considered as injurious falsehood was that police officers allegedly paid as much as N2.5m to get special promotion and posting through the Police Service Commission.
The prosecution also alleged that Misau falsely accused the IGP of diverting money meant for the purchase of Armoured Personnel Carriers, Sport Utility Vehicles or other exotic cars.
Misau was also said to have falsely accused the IGP of making almost half of the mobile commanders in the country the people of his Nupe extraction.
The trial judge, Justice Ishaq Bello, who is the Chief Judge of the FCT High Court has fixed November 28 and 29 for trial in the case marked FCT/HC/CR/345/2017.