Aghogho was charged to six counts of cyberstalking in the case titled ‘Federal Government of Nigeria Vs. Ighorhiohwunu Aghogho’ with charge number FHC/WR/92C/2022.
Human rights activist and Delta “Take It Back” Coordinator, Ighorhiohwunu Aghogho, has raised the alarm over possible case of false criminal trial, impersonation of the Attorney-General of the Federation, Abubakar Malami, in the charges of cyberstalking preferred against him.
The office of the Minister of Justice and Attorney-General of the Federation had on July 21, 2022 allegedly filed 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 was charged to six counts of cyberstalking in the case titled ‘Federal Government of Nigeria Vs. Ighorhiohwunu Aghogho’ with charge number FHC/WR/92C/2022.
The charge sheet 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 signed by P. N. Etumudon, Esq who claimed to be from the office of the Minister of Justice and Attorney-General of the Federation, Abuja and slated for plea at the Federal High Court in Warri.
However, in a petition to the Chief Judge of the Federal High Court, the activist alleged that Etumudon impersonated the Attorney-General of the Federation in filing the said charges against him.
He 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.
The petition read, “That on 21/7/2022 one P.N Etumudon Esq filed and signed similar charges of cyberstalking against the Defendant at the Federal High Court, Warri Division claiming to be a lawyer acting on behalf of the Attorney-General of the Federation.SEE ANNEXURE SS2 HEREIN ANNEXED AND ATTACHED.
“Findings have shown that the said P.N Etumudon Esq is an employee of the Delta State government and a physically challenged Senior State Counsel attached to the Ministry of Justice Asaba and not the Federal Ministry of Justice Abuja.
“The said P.N Etumudon Esq 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 in a counter affidavit filed and dated 26/10/2022 in opposition to the bail application filed by the Defendant, J. A Amahi Esq upon indisposition of A.L Aikpokpo Martins(Mrs) at paragraph 2 averred as follows: " I have the authorization of my employers to depose to this affidavit". A claim that is misleading and not true.
“That P. U Nsolo(Mrs),the Chief Magistrate of the Magistrate Court Asaba only sought for legal advice from the Attorney-General of Delta state on 8/6/2022 by an order of Court and not the Attorney-General of the Federation.
“That the involvement of the Attorney-General of the Federation in the said case and the subsequent filing of the charges against the Defendant at the Federal High Court Warri on 21/7/2022 has not been explained by P. N Etumudon Esq to date and amounts to impersonation.
“The Attorney General of the Federation had swiftly reacted to the petition written by the Defendant over charges of cyberstalking filed against him and his subsequent false trial and detention by Justice Okon Abang of the Federal High Court Warri at the Federal Custodial Centre(Prison),Warri.
“The petition dated 3/8/2022 is titled “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.”
“The AGF responded, via a letter dated September 20, 2022, referenced DPPA/AGHOGHO/673/22 and addressed to the Defendant, through Yewande Gbola-Awopetu, head of SGBV Response/Gender Unit. SEE ANNEXURE SS3 HEREIN ANNEXED AND ATTACHED
“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.
“That His Lordship, Justice Okon Abang is currently prosecuting and detaining the Defendant at the Federal Custodial Centre Warri(Prison) with an interim Police investigation report dated 20/5/2022 referenced CR:3000/ZN.5/X/D13/VOL.91/200 signed by DCP Polycarp C. Dibia , Deputy Commissioner of Police, Criminal Investigation Department, Zone '5' Headquarters, Benin City.
“The said Interim Police Investigation report bothers on child trafficking by officials of the Delta State Judiciary , Ministry of women Affairs and Delta State Commissioner of Police is inconclusive with some of the complainants including the former chief Judge of Delta State, Justice Marshal Umukoro(retired) and the immediate past chief Justice of Nigeria, Justice I.T Mohammed(retired) declared at large on the said report to date but charges were preferred against the Defendant for defaming their characters.
“That the rules made under the practice Direction of the Federal High Court are meant to apply mutatis mutandis to criminal cases and to the extent possible ensure that hearings are not stalled by unpreparedness of court or the parties and that the case is fully ready for trial before hearing dates are agreed.
“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.SEE ANNEXURE SS4 HEREIN ANNEXED AND ATTACHED
“The Defendant who has been in prison custody since June 6,2022 feels maltreated and dehumanized by the court for prosecuting him with a false prosecutor.”
The activist 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.
“It is upon these grounds that your office is hereby petitioned to conduct a full blown investigation into the subject matter with a view of preventing further breakdown of law and Order and nipping this ugly situation in the bud and saving the nation's judiciary from public ridicule,” he said.