The Dutse Magistrates’ Court in Abuja on Friday adjourned the arraignment of Christopher Maikalangu, the Chairman of the Abuja Municipal Area Council (AMAC), indefinitely.
The adjournment is pending the outcome of a judicial review before a higher court.
Chief Magistrates Abdullahi Ilela adjourned the matter after Maikalangu’s lawyer, Charles Okoye, informed the court that the case had been subjected to a judicial review before Justice Aliyu Shaffa of FCT High Court.
The News Agency of Nigeria (NAN) reports that the direct criminal complaint was instituted by Awalu Mohammed, an All Progressives Congress (APC) member and an AMAC resident.
In the case, number: CR/DUT/324/25, dated March 24, the AMAC chairman is the sole accused person.
Upon resumed hearing on Friday, counsel to the complainant, Job Israel, told the court that the matter was scheduled for mention and that he was ready to proceed.
Although Okoye did not oppose Israel’s submission, he however informed the court that the matter is presently before a High Court of FCT and that the enrolled order had already been served on the court.
He said all efforts made to effect the service of the order on the complainant were unsuccessful.
“We are constrained to serve the complainant counsel the order but his contact was not available,” he said.
Okoye, therefore, prayed the court to allow the matter to comply with the judicial review order.
Responding, Israel, who did not raise an objection, admitted that by virtue of the order of the higher court, his client was bound by the same.
He, however, prayed for an accelerated hearing in the matter.
“The needful would be done by going to that court to determine our fate before coming back when the order would have been determined,” Israel said.
The presiding magistrate, in a short ruling, adjourned the matter indefinitely.
“This matter is hereby adjourned sine die (indefinitely) pending the outcome of the judicial review,” the magistrates ruled.
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The complainant had alleged that Maikalangu, on or about January 8, 2013, at the FCT Independent National Electoral Commission (INEC) Office, Area 10, Garki District, Abuja submitted a forged first school leaving certificate from Festival Road Primary School {1983-1989} to the commission.
He alleged that the forged certificate was among other submitted documents included in his “INEC FORM C.F. 001, for councillorship position, knowing it to be forged and with intent that it may in anyway be used or acted upon as genuine.”
Mohammed also alleged that the AMAC chairman, on or about May 8, 2021, submitted a forged first school leaving certificate from LEA Model Science Primary School {1984-1989} at the INEC for election purpose.
He said the document was submitted alongside the court affidavit for statutory declaration of age and the court affidavit for correction of name on voter’s card, “knowing them to be forged and with intent that they may in anyway be used or acted upon as genuine.”
He accused the chairman of committing the offence of forgery contrary to Sections 362(a), 363 and 264 of a the Penal Code Act, Cap 532, Laws of the Federal Capital Territory, Abuja.
In the verifying affidavit in support of the application, Mohammed said he was duty bound to expose the commission of crime(s) by any person, including the defendant, public officials, agencies or institutions howsoever described, whose acts could embarrass and dent the prestige and good name of Nigeria.
He said; “Consequently, I have filed this direct criminal complaint against the defendant.
““I hereby verify the facts contained in this direct criminal complaint as true and correct to the best of my knowledge.”
According to him, the chairman, in 2013 and 2021 in line with the requirement of the Electoral Act, submitted his sworn FORM EC9 to INEC (AFFIDAVIT IN SUPPORT OF PERSONAL PARTICULARS – Particulars of persons seeking election to the Councillorship (2013) and Chairmanship (2021) positions, AMAC) to FCT INEC.
Mohammed said upon his application, Maikalangu’s Certified True Copy (CTC) of Form EC9, containing his affidavit in support of personal particulars, was made available to him.
He said the CTCs of the necessary documents, including INEC Forms 001 for Maikalangu’s councillorship election {2013} and chairmanship poll {2021} and a report of investigation by the police to the Tribunal Secretary, FCT Area Council Election Tribunal were equally handed to him.
He said the tribunal secretary issued to him CTCs of the chairman’s form for nomination of councillorship in 2013 as well as chairmanship in 2021, INEC Forms 001, and other documents in the tribunal’s custody relating to the fact in issue.
He said: “Based on the response from the FCT High Court, I verily believe that the affidavit for correction of name, and the affidavit for declaration of age swear in by the defender was forged by the defendant.
“Based on the above differences between the two certificates, I verily believe that the defendant submitted a forged First School Leaving Certificate to INEC on or about sometimes in 2013 and 2021.”
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