Court Summons DPO Over Frivolous Charge

The Divisional Police Officer (DPO), in charge of Olu-Obasanjo divisional headquarters, Rivers State, Mr. Akaninyen Unaam is to appear before a Port Harcourt Chief Magistrate Court for an alleged frivolous charge against an accused person.

The presiding Chief Magistrate court 2, Ipalibo Iyiabo, gave the directive last Monday, while cross-examining an accused person, a bus driver Obinna Amefule, who appeared before the court on an alleged offence of obtaining money, the sum of N20,000 by false pretence.

The accused person, Obinna Amefule, 37, is standing trial on a two count charge to wit felony and obtaining money by false pretence before Chief Magistrate, I.F. Iyiabo.

The prosecuting police officer, Inspector Wilson Isaiah told the court that the accused person and another at large within the month of January 2013 along Olu Obasanjo police station, within the Port Harcourt Magisterial District, did conspired among themselves to commit felony to wit: obtaining money by false pretence.

The police prosecutor further told the court that the accused person with pretence, collected the sum of twenty thousand naira (N20,000) from the Olu-Obasanjo DPO, Akaninyen Unaam, that he would convey his generator set from Port Harcourt to Uyo town, in Akwa-Ibom State, a condition which, according to the prosecutor, he was unable to accomplish.

The police prosecutor averred that the accused person committed an offence punishable under section 516A (a) and 419 of the Criminal Code Cap 37 Law of Rivers State of Nigeria, 1999.

The accused pleaded not guilty of all the two charges brought against him, and told the court that he had paid the money back to, DPO, adding that he was an errand boy to the claimant.

The accused person further told the court that the police boss always use his vehicle for task force work, explaining that what led to his inability to deliver the message was that his vehicle developed a major fault which he said he reported to the DPO.

Pleading for his bail, counsel to the accused urged the court to grant the accused person bail, adding that the alleged offence committed was a bailable offence, adding that the DPO had already threatened to deal with his client.

He corroborated the submission of his client that the DPO had already collected back the twenty thousand naira from the accused and wondered why he still went ahead to charge the matter to court after receiving the money from his client.

In his ruling, the presiding Chief Magistrate, Ipalibo Iyiabo directed the prosecutor to invite the DPO to appear before the court in the next adjourned date, frowning at the case of frivolous charge raised against the DPO by the accused.

He threatened to invoke section 256 of the Criminal Procedure Act against the DPO if he fails to appear before the court to defend the allegation raised against him, adding that the matter was not to be tried by a representative.

The presiding chief Magistrate, however, granted the accused person bail to the tune of N50, with one surety in like sum. The surety attaches 2 passport photographs, resides within the jurisdiction of the court, while the police prosecutor should investigate the residence of the surety and adjourned the matter to 22nd of May, 2013 for definite hearing.