A lawmaker, Ahmed Ndakene, on Thursday formally took his plea before an Abuja Area Court in Karmo in an alleged case of certificate forgery and false information on oath preferred against him.
Ndakene, who represents Edu/Moro/Patigi Federal Constituency of Kwara State, appeared before the court over alleged criminal breach of Section 88(1), 89(3) and 109c of the Administrative Criminal Justice Act, 2015 brought against him by Mahmud Babako.
Babako, a candidate of the Peoples Democratic Party in the election that Ndakene emerged as winner,on the platform of the All Progressives Congress, alleged that the defendant forged his certificate.
At the resumed hearing, the Judge, Inuwa Maiwada, ruled on the issue of whether or not a private legal practitioner had the power to prosecute a criminal matter or not, which was the bone of contention between both counsel representing the complainant and the defendant.
Maiwada in his ruling said he was convinced that counsel had joined issues which was whether or not a private prosecutor can prosecute a matter or not.
He further said the argument canvassed was whether or not a private prosecutor can prosecute was in the affirmative in compliance with Section 383 of the Administrative Criminal Justice Act ( ACJA), 2015.
According to Maiwada, the section clearly stated some conditions were to be met, like the endorsement of the Attorney-General for a prosecutor to act on his behalf.
He further stated that in resolving the issue, where a language of a status was clear and unambiguous, it should be used clearly in their meaning.
He said the word “may” was discretionary and not mandatory like “shall”.
Maiwada therefore said the matter was resolved in favour of the complainant’s counsel, adding that a criminal matter can commence from the point of arraignment to judgment.
Maiwada went further to say the matter was at that point not formally before the court and directed the defendant to take his plea.
Ndakene, when asked if he understood the complaint against him and he if was in receipt of same, affirmed in the positive.
However when he was asked if he was in agreement with the complaint, he disagreed.
The Judge said because the charge, which was for forgery, was weighty, he referred the matter to the Utako Divisional Police Headquarters for investigation.
Maiwada in addition ordered that the report of the investigation be submitted within two weeks and adjourned the matter until July 1 for ruling on the investigation report.
He thereafter cautioned parties from making damaging utterances and advised that only their counsel who had clear understanding of legal terms should address the media.
The News Agency of Nigeria recalls that Babako had alleged that Ndakene forged his certificate and presented same to the Independent National Electoral Commission in the form he used to contest for the 2019 election.
He also alleged that the defendant deposed on oath to facts, which were not true, and his occupying the seat of his constituency was based on false information and forged documents.
Babako’s lead counsel, Labio Orji, had therefore prayed the court to allow Ndakene to take his plea instead of seeking for police investigation into the matter before he would be arraigned.
Alex Edim, the lead counsel to Ndakene, however, opposed the application and predicated his objection on Section 89 (5) of the ACJA, 2015.