In the suit, the Citadel Oracle Concept Limited, a company owned by one Joseph Benjamin, who is being prosecuted by DCP Lough on behalf of the Nigeria Police Force for allegedly providing false information to the police is claiming that he (Lough) breached the civil service rules by staying in police service for more than 42 years against the statutory 35 years provided by the law.
Justice N. E. Maha of the Federal High Court sitting in Abuja has granted the Citadel Oracle Concept Limited, leave to apply for an order of mandamus to compel the Police Service Commission and Inspector General of the Nigeria Police Force to produce the service records of one DCP Simon Lough (SAN).
In the suit, the Citadel Oracle Concept Limited, a company owned by one Joseph Benjamin, who is being prosecuted by DCP Lough on behalf of the Nigeria Police Force for allegedly providing false information to the police is claiming that he (Lough) breached the civil service rules by staying in police service for more than 42 years against the statutory 35 years provided by the law.
The suit numbered FHC/ABJ/CS/1393/2023 was brought Pursuant to Order 34, Rule 1, 3 (1), (2) of the Federal High Court of Nigeria Civil Procedure Rules 2019 and under the inherent jurisdiction of the court is between the Citadel Oracle Concept Limited as Applicant and Police Service Commission, Inspector General of Police and DCP Simon Lough (SAN) as 1st to 3rd Respondents.
The Applicant filed the Motion Exparte through its Counsel, Tosin Ojaomo Esq, which was also Pursuant to Section 20 of the Freedom of Information Act and the relevant Court Rules.
In the Enrolled Court Order obtained by SaharaReporters, the presiding judge, Justice N.E. Maha held: "An Order of this Honourable court granting leave to the applicant to apply for judicial review to wit: an order of Mandamus as contained in the statement accompanying this application," is hereby "granted as prayed."
Justice Maha said, "Having Ruled as I did above, the Applicant is directed to file a Motion on Notice or Originating Summons containing the said reliefs as contained in the statutory statement accompanying the application."
Meanwhile, the court further noted that the process(es) filed by Applicant is to be served on the Respondents/Defendants.
However, reacting to the counter-affidavit of the Respondents to its Motion on Notice, counsel for the Applicant, Tosin Ojaomo Esq, faulted the Respondents’ affidavit, noting that the 3rd Respondents (SAN Lough) was not bold enough to present "the much talked Industrial Court Judgment some of his course mate obtained in 2021".
He said: "It will interest you to note that in all his (Lough) defense he has tactically decided not to inform the court on his enlistment date."
According to him, on January 23, 2024, the court issued an order that the respondents should be put on notice.
He said, "We received this fraudulent and incompetent Affidavit commenced on the 1st paragraph by one Doom Mnenga, a female lawyer in the legal section of Police headquarters and ended with the 34th paragraph by one Inspector Jonah Ati who again claimed to make the depose therefore deliberately deceiving the court.
"Again DCP Simon Lough is a respondent in this case and ought not to have made representation to the parties, in fact if he must represent himself, he cannot robe as a lawyer.
"We shall be making all this application before the court on Monday, 15th April 2024."
Citing a video interview, the counsel noted that the 3rd Respondent claimed to have joined the police through direct entrance after he attended law school in 2001.
"The Industrial Court judgement beneficiaries are only course 20 members that were policemen who joined cadet through Force Entrance.
"DCP Simon Lough has created a new narrative as joining the force at 32 years through Direct Entrance," adding that he "is really in dilemma as to how to come out of this".
However, the police had in its counter-affidavit informed the court that "there is no cadet information anywhere that the 3rd Respondent has served in the Nigeria Police Force for 42 years," adding that "the deposition in paragraph (1) of the applicant affidavit is completely lying on oath which has a severe consequence and can only be used to access information where there is genuine need for such information not for cases as the instant application where the managing Director of the applicant is standing trial on criminal charge before a court of competent jurisdiction and he is desperately looking for something to escape justice."
It, however, avowed that it would not be in the interest of justice to allow the applicant to use "this court as a shield to cover the crimes committed by its Managing Director."
In the counter-affidavit, deposed by Insp. Jonah Ati, the police informed the court that "on the 16th June 2016 pursuant to investigation conducted by officers of the 2nd respondent in police special fraud unit Lagos and Force Criminal Investigation FCID Abuja, the 3rd Respondent filed a one-count charge of given false information to mislead a civil servant contrary to section 140 of the penal code against the Managing Director of the Applicant, Benjamin Joseph".
The 34-paragraph counter affidavit partly read: "That on arraignment the managing director of the applicant Benjamin Joseph pleaded not guilty to the charge and in proof of the one count charge against the managing director of the applicant, the prosecution called four witnesses and closed his case.
"That the managing director of the applicant Benjamin Joseph made a no-case submission at the close of the prosecution's case and in a well-considered Ruling delivered on 11 April 2019 the learned trial Judge, Hon. Justice Kekemeke of the FCT High Court Abuja dismissed the no-case submission filed by Benjamin Joseph and that a prima facie case has been made out against the defendant sufficiently to require him to enter his defence.
"That out of desperation to stall his trial Benjamin Joseph wrote severally to the Honourable Attorney General of the Federation and Minister of Justice to take over the prosecution of the case and after several reviews of the case file wrote to the Inspector General of Police to continue with prosecution of the case to its logical conclusion.
"That Benjamin Joseph having failed through the office of the Honourable Attorney General of the Federation to stall entered his defence on the 26 February 2020 and testified for himself and closed his evidence on the 24 January 2023 after three years.
"That the prosecution has commenced cross-examination of Benjamin Joseph as DWI which cross-examination is still ongoing before FCT High Court 4 Maitama Abuja and the case has been adjourned 20th June 2024 for continuation of cross-examination of DW1.
"That having failed to stall the trial Benjamin Joseph using the name of the applicant petitioned the former Vice president of Nigeria then Prof. Yemi Osinbajo alleging several offences and the Vice president referred the case to EFCC and at the conclusion of an investigation by FFCC, Princess O. Kama and Chief Onny S. Igbokwe were charge to FCT High Court and the conclusion of trial they were discharged and acquitted with a 20.000.000.00 (Twenty Million Naira) fine against Benjamin Joseph for malicious prosecution.
"That having failed to secure prosecution of Princess O. Kama and Chief Onny Igbokwe whom Benjamin Joseph had issues with and also having failed to stall his trial, Benjamin Joseph and his company Citadel Oracle Concept Limited, the applicant has decided to attack the integrity of the prosecutor, the 3rd Respondent who is only carrying out his statutory duties of prosecution of offenders as provided in section 60 of the Police Act
"That the prosecutor is not prosecuting the applicant, the applicant is not a government agent and has nothing to do with the 3d Respondent.
"That record of the 3rd Respondent has nothing to do with the defence of Benjamin Joseph or the case Benjamin Joseph is standing trial before the FCT High Court.
"That I have read all the depositions of Degah Dorcas contained in the applicant affidavit and deny all the deposition as same is false, perjury and intended to mislead the honourable court."
In July 2023, SaharaReporters reported how Lough was widely celebrated as having made history in December 2021 when he became the first police officer in Nigeria to be admitted to the Inner Bar as a Senior Advocate of Nigeria (SAN).
However, a document obtained by SaharaReporters showed that Lough was enlisted into the Nigeria Police Force on January 8, 1987, and should have retired from service on January 8, 2022, after 35 years of active service.
This contradicts the claim made by the police that Lough was enlisted as a Cadet in 2000.
A police statement issued by Frank Mba, the former Force Public Relations Officer to celebrate Lough for becoming a Senior Advocate of Nigeria on December 8, 2021, said, “Assistant Commissioner of Police, ACP Simon Asamber Lough, the Head of Chambers, Legal Section of the Nigeria Police Force (NPF) has been conferred with the prestigious and covetous rank of Senior Advocate of Nigeria (SAN).
“The elevation of the Officer is on the heels of his outstanding contribution to the development of law in Nigeria, in addition to his enviable feats in the legal profession. He was sworn in today, 8th December, 2021 by the Chief Justice of Nigeria following recommendations and approval by the Legal Practitioners' Privileges Committee (LPPC).
“ACP Simon Lough, a Police prosecutor par excellence, was appointed as a cadet officer (ASP) into the service of the Nigeria Police Force in the year 2000. Twenty-one (21) years down the line in Public Service, ACP Lough has served in various departments of the Force including the legal section and held national positions on implementing legal policies for the country.”
In an interview he had with Adekunle Olanipekun, the immediate past Chairman of Young Lawyers Forum, DCP Lough said he was called to the bar on January 1, 2001.
Lough is currently the Head of the Chambers of the Nigeria Police Force.
Meanwhile, according to the legal section general nominal roll (Federal Criminal Investigation and Intelligence Department), Abuja, obtained by SaharaReporters, Lough, whose date of birth reads May 14, 1969, has January 1, 1987, recorded as his date of enlistment and January 1, 2022, as his date of retirement.
Going by this, Lough has served as a policeman for many months beyond his expected date of retirement.
According to the Nominal Roll for Cadet ASP (Force Entrants) for Cadet ASP Course 20/2000-2001 at Police Staff College in Jos, Plateau State, obtained by SaharaReporters, Lough’s former rank was listed as Sergeant on Grade Level 05.
The letters were written and signed by the MD/CEO of Citadel Oracle Concept Limited, Joseph Benjamin and received at the Force headquarters in Abuja on July 18, 2023.
Titled, ‘Request For Information About The Records Of DCP Simon Lough, Enlisted With Force No: 57917,’ the letter reads, “We write as empowered by the Freedom of Information Act 2011 to seek information/clarification that the above officer with force number 57917 was enlisted in the Nigeria Police Force on the 8th January 1987 and should have retired on 8th January 2022 after 35 years of active service.
“Kindly furnish us on whose authority he has remained in the public service as a policeman in the last 18 months.”
Joseph on November 16, 2021, petitioned the Chief Justice of Nigeria (CJN)/Chairman, Legal Practitioners Privileges Committee (LPPC), Supreme Court of Nigeria, against Lough alleging professional misconduct through malicious and wilful concealment of documents in a case with charge No: FCT/HC CR/216/16 between Inspector General of Police Vs Benjamin Joseph.
Joseph alleged that Lough on June 1, 2016 “maliciously charged” him for giving false information in the criminal suit between him and the IGP.