Malami also ordered immediate dismissal of cyberstalking charges filed against Aghogho by P. N Etumudon Esq.from the office of the Delta State Commissioner of Justice on grounds of abuse of court process.
The Attorney-General of the Federation and Minister of Justice (AGF) Abubakar Malami, has denied being responsible for the prosecution of the human rights activist and Delta State Coordinator of Take-It-Back (TIB), Ighorhiohwunu Aghogho.
Malami also ordered immediate dismissal of cyberstalking charges filed against Aghogho by P. N Etumudon Esq.from the office of the Delta State Commissioner of Justice on grounds of abuse of court process.
Malami in a letter titled "Re: In the matter of abuse of office, aiding and abetting suspected child traffickers in Delta State by the Attorney-General and Commissioner of Justice, the Director of Public Prosecution of Delta State, Barrister Isaiah Bozimo and Mrs Efe Jesin Odogwu respectively”, dated December 12, 2022, referenced DPPA/AGHOGHO/673/22, stated that:
"This is to acknowledge the receipt of the charges from the Chief Magistrate Court Delta State , the High Court Warri dated 21st July 2022 and also proceedings from the Chief Magistrate Court of Delta State dated 17th June 2022 in respect of your petition dated the 3rd of August 2022 on the above subject matter.
"After a critical view of the charges, this office discovered that the both charges are a multiplicity of actions on the same issues in different courts, this indicates that there is an abuse of court process as stated in your paragraph 2 on your point's line 4 of your action.
"Sequel to the above findings, I am directed to advice that you approach the court to file for abuse of court process which is a right vested on the court to dismiss the suit.
"Accept the warm regards of the Honourable Attorney-General and Minister of Justice.”
The letter was signed by Head SGBV Response Unit of the Federal Ministry of Justice Abuja, Yewande Gbola Awopetu.
Recall that AGF had earlier reacted to the petition from Aghogho against State Justice Commissioner, Isaiah Bozimo Esq, the State Director of Public Prosecution, Efe Jesin Odogwu (Mrs), and others over alleged child trafficking.
He had requested that Aghogho forward to his office, charges and court processes to enable his office to take an informed decision that is deemed appropriate.
The petition called for another investigation into the matter due to a visible compromise.
SaharaReporters in October reported an alleged plot to buy time on the case as Malami was on July 21, 2022, allegedly represented by one P.N Etumudon Esq., from the Department of Public Prosecution (DPP), Delta State Ministry of Justice Asaba in filing cyberstalking charges in defence of former Chief Justice of Nigeria, Ibrahim Tanko Mohammed (retired), former Chief Judge of Delta State, Justice Marshal Umukoro (retired), Delta State Commissioner of Police, CP Ari Mohammed Ali, Permanent Secretary, Ministry of Women Affairs, Mrs Oghenekevwe Agas, former Director Child Development, Delta State Ministry of Women Affairs, Mr Fred Ugheni and the President of an NGO, one Joshua Omorere, who were accused of child trafficking and conspiracy in trafficking thousands of children from Delta State.
Aghogho who entered the dock around 12:45p.m pleaded not guilty to six counts of cyberstalking in a case titled ‘Federal Government of Nigeria Vs. Ighorhiohwunu Aghogho’ with charge number FHC/WR/92C/2022.
“I understand the charges against me, but I am not guilty, my Lord,” Aghogho responded to Justice Okon Abang of the Federal High Court in Warri.
The charge dated July 21, 2022, bordering on the offence of cyberstalking and posting of information claimed to be false on Facebook by the police, was said to contravene the provisions of the Cybercrime Act 2015.
It was allegedly signed by P. N. Etumudon, Esq who claimed she is acting on behalf of the Minister of Justice and Attorney-General of the Federation, Abuja and slated for plea on October 12, 2022, at the Federal High Court in Warri.
However, in a fresh discovery and in a petition to the Chief Judge of the Federal High Court, the human rights activist alleged that Etumudon impersonated the Attorney-General of the Federation in filing the said charges against him.
Aghogho added that the Lawyer is an employee of the Delta state Government and a physically challenged Senior State Counsel attached to the Ministry of Justice in Asaba and not the Federal Ministry of Justice Abuja.
Etumudon is the current National Financial Secretary of the Association of lawyers with disabilities in Nigeria (ALDIN) and a member of NBA Asaba branch with supreme court number SCN070501, mobile phone number 07034416144.
“The said P. N Etumudon Esq allegedly impersonated the Attorney-General of the Federation in filing the said charges against the Defendant at the Federal High Court Warri on 21/7/2022 since there has been no authorisation/fiat contained in the case file even upon application by the Defendant for it.
“That since the filing of the charges at the Federal High Court Warri Division, P. N Etumudon Esq has never appeared before His Lordship, Hon. Justice Okon Abang to prosecute the said case but rather lawyers from the Delta State Ministry Justice have been representing and holding brief on her behalf.
“That two lawyers in particular to wit: A. L Aikpokpo Martins(Mrs) and J.A Amahi Esq respectively from the Delta state Ministry of Justice, Warri Zone have been prosecuting the case on behalf of P. N Etumudon Esq to date.
“That this visible fraud, impersonation and false trial perpetrated by P. N Etumudon Esq in cahoots with the workers of the Federal High court, Warri Division against the Defendant constitute a criminal act and should not be tolerated by your administration as the Chief Judge of the Federal High Court.
“That the Practice Direction of the Federal High Court requiring Complainant not to file a charge unless it is accompanied by an affidavit stating that all investigation into the matter had been concluded and in the opinion of the prosecutor , a prima facie case exist against the Defendant, has been grossly violated.
“This action of P.N Etumudon Esq has tempered with the preparedness of the court, fair hearing and has prompted the court to adjourned the case from November 24 to March 28, 2022 for further cross examination of the PW1 without issuance of hearing notice and upon realization of the false trial and continuously adjourned the hearing of the bail Application of the Defendant issued with hearing notice by the court dated 27/10/2022 thereby encouraging delays in the false trial and emboldened the court to continue the illegal detention of the Defendant at the Federal Custodial Centre Warri(Prison) without granting bail to Defendant to date amidst his health challenges.
“The Activist who has been in prison custody since June 6,2022 feels maltreated and dehumanized by the court for prosecuting him with a false prosecutor.”
Aghogho further sought an order directing Justice Abang to release him from his continued remand at the Federal Custodial Centre Warri(Prison) pending the conclusive investigation of the Attorney-General of the Federation on the subject matter.
The action of the AGF of issuing legal advice to Aghogho directly has substantiated the allegations that P. N Etumudon Esq and the Commissioner of Justice Delta State, Isaiah Bozimoh Esq and the Director of Public Prosecution Delta State, Efe Jesin Odogwu (Mrs) who conspired and filed the said charges of cyberstalking against Aghogho at the Federal High Court Warri on 21/7/2022 did so without the authorisation of the Attorney-General of the Federation.