Lawyer arraigned for forgery, false information, intention to defraud in Enugu

COSMAS CHUKWU, Enugu

 

The Enugu State government has charged a lawyer, Ogbonna Chukwu, with forgery, false information, and intention to defraud over property belonging to the late Mr Okwudili Aneke.

 

Ogbonna, a legal practitioner, is facing three-count charges of forgery, false information, and intention to defraud late Aneke of his property, which his client, Mr Victor Ekwo was given the power of attorney to manage.

 

Upon the deceased’s untimely death, Ogbonna, who was the husband of the deceased niece, started laying hands on his property on the grounds that he does not have a child with the wife whereas the deceased had a son outside his marriage, whose name is Sheldor Aneke.

 

The defense counsel, Mrs C.I Akwue on Wednesday at the Enugu State High Court challenged the jurisdiction of the high court to entertain the matter, stating that  Enugu East Magistrate court was already prosecuting the matter.

 

According to her, two courts of equal jurisdiction can not prosecute the same case at the same time, noting that she preferred the magistrate court to prosecute the matter.

 

Akwue accused the State Attorney-General (AG), Dr. Kingsley Udeh, of shopping for a court that would give him a favourable judgement, describing it as an abuse of the court.

 

However, the counsel to Enugu State government, Mrs Chioma Chukwudi, opposed the motion, stating that the case was successfully discontinued at the magistrate court.

 

Chukwudi pointed out that the AG was constitutionally empowered to prosecute an accused person in any court of competent jurisdiction, a power she maintained the defendant lacks.

 

She revealed that both Ogbonna and his lawyer were in court on June 13, when the matter was discontinued and expressed surprise that they are challenging the decision of the magistrate court.

 

The counsel emphasised that the matter would be prosecuted in the state high court as the one in the magistrate court has been terminated, warning that the defendant can not dictate to the AG on what to do.

 

While responding, Justice R.N. Orji adjourned to July 16 to hear a motion challenging the jurisdiction of the Enugu State High Court to prosecute the criminal case.

 

Justice Orji adjourned the matter after the counsel to the defendant asked for more time to enable her and her client to study the Magistrate court’s ruling.