Ise-Oluwa Ige
7 May 2008
Lagos — The Police yesterday arraigned the National Co-ordinator of Police Equipment Foundation (PEF), Mr Kenny Martins and his Deputy, Mr Ibrahim Dumuje on a two-count charge of conspiracy and forgery.
But they were each admitted to bail yesterday in the sum of N1million Naira moments after they took turn to enter a plea of not guilty to the charge against them.
The duo of Kenny Martins and Dumuje were specifically alleged to have forged documents relating to the Corporate Affairs Commission (CAC) with intent to defraud Police Equipment Foundation (PEF).
But the trial Chief Magistrate who admitted them to bail yesterday directed that they must not be allowed to breathe their air of freedom until they each produced a reasonable surety who must be a legal practitioner of not less than 12 years standing at the bar or a civil servant who is not below salary Grade Level 08 and who must have a landed property in Abuja.
Vanguard recalls that the Police had charged the duo of Kenny Martins and Dumuje together with two Abuja-based legal practitioners, Messrs Joni Ichekam and Cosmos Okpara to court on a two-count charge of forging documents relating to the Corporate Affairs Commission (CAC) with intent to defraud Police Equipment Foundation (PEF).
The two lawyers were arraigned in court on April 30, this year but both Dumuje and Kenny Martins were said to be at large.
The Police had to request the court to issue bench-warrant against the PEF bosses to effect their arrest and bring them before the court to face their trial.
But that was after one of the complainants in the case, Mr Festus Keyamo told the court that they would not attend their trial except bench warrant was issued against them.
He had accused the police of playing a hide and seek game in the case and that they were unwilling to arrest them.
The police counsel who was present in court said there was no truth in the claim and had to request for bench warrant against the two PEF bosses.
The court eventually granted the request by the police before adjourning hearing in the case till June 4, this year.
But before the adjourned date, the police effected the arrest of both Martins and Dumuje on May 5, this year and brought them to court on May 6 to procure a court order remanding them in prison custody until June 4, 2008 when the case of the two lawyers and co-accused persons in the matter would come up for hearing.
The legal team of Kenny Martins and Dumuje led by Chief Mike Ozhekhome opposed the legal move by the police to procure such a remand order with a view to keeping them in prisons for one month before they would be formally arraigned.
Ozhekhome said that acceding to such request would not only be unfair but also unconstitutional in view of the provisions of section 35, 36 of the 1999 constitution and section 341 of the Criminal Procedure Code (CPC).
Ozhekhome submitted that the constitution specifically provided that when an accused person is arrested in an area close to a law court, he said the law provides that such person must be arraigned within 24 hours.
He said that the arrest of Dumuje and Kenny Martins was already beyond 24 hours but that it was still pardonable and that since the police had no tangible reason to oppose their bail, he said the court should move in their favour.
The leading counsel to the accused person also said yesterday that although bench warrant was issued against his clients, he said none was served on them and that they, on their own, walked up to the police to surrender themselves for arrest.
Although the police said it was still investigating the allegations of forgery against Kenny Martins and Dumuje since they were at large for a long time, Ozhekhome urged the court to dismiss the claim.
He argued that the police misled the court to issue the bench warrant against the accused persons in the first place because on the day they said they were at large in court, he said they were indeed with the Inspector-General of Police holding meeting on how to improve the police service.
He said it was not true that the accused persons were invited for interrogation for once over the matter adding that the justice system being operated in the country was accusatorial and not inquisitorial or prosecutorial and as such, the argument of the police that they were still investigating them was therefore a pure balderdash.
The police though strongly objected to the bail of Martins and Dumuje but presented no facts or evidence to move the court against the grant of bail in their favour.
The police even did not controvert the claim by the accused persons that they surrendered themselves to the police for arrest and that it was fallacious to say that the police on their own arrested them.
Based on the facts before the court, the trial magistrate moved in favour of the accused persons and granted them bail.
The court also adjourned further hearing in the case till June 4, 2008 when hearing would resume in the same criminal charge preferred against two legal practitioners charged alongside with them.
But Kenny Martins and Ibrahim Dumuje had earlier sued both the Speaker of House of Representatives and the EFCC before a Federal high court over their inquiry into a petition by one Godson Ewulum alleging forgery and fraud in the handling of the affairs of the Presidential Committee on Police Equipment (PCPE).
PCPE is the committee that translated into the Police Equipment Foundation (PEF).
Specifically, Martins is urging the court to stop the House from going ahead with the investigation of the fraud allegation made against the PCPE or dealing with the assets, funds, affairs and business of PEF in any form or manner.
He is also requesting the court to quash all or anything having to do with the investigation or proceedings earlier commenced by the House of Representatives or its Committee on Public Petitions over the complaints contained in Godson Ewulum's petition against his organization.
Besides, he is seeking an order of the court restraining the Federal Government or any of its agencies from questioning, arresting, detaining or doing anything to hinder his movement, liberty or business owing to the Ewulum's petition.
In a constitutional suit filed by Martins together with Prince Ibrahim Dumuje and PEF itself, Martins formulated seven fundamental questions for court's resolution.
The questions include:
Martins & Anor vs Godson Ewulum and or the Standing Orders VIII (6) and Order ix (5) of the House Standing Orders.
Should all or any of the questions be determine in their favour, they are asking the court to issue them all or any of the following reliefs:
Police Affairs and (b) Committe_ on Corruption, Ethics and Values and } Senate Committee on Police Affairs.
Liberty or business of the Plaintiffs or the operation of the third Plaintiff pursuant to the petition of Godson Ewulum or F estus Keyamo or any of their agents or representatives pursuant to the authority of section 88 of the 1999 Constitution.
In an accompanying affidavit deposed to by Martins, he stated thus:
The Petition which is herewith attached is titled "Fraud in the Presidential Committee on Police Equipment" and it alleging forgery and fraud among others in the handling of the affairs of the Presidential Committee on Police Equipment.
The Committee found no cause in the Petition realizing that PEF was an autonomous private Agency and further that the Petitioner could take its case to Court.
No cause was found against PEF based on the same petition of Godson Ewulum. Copy of the invitation is attached herewith and marked Exhibit 5.
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