One of the two sets of charges, marked FCT/HC/CR/345/2017, filed before the High Court of the Federal Capital Territory in Abuja, stemmed from the running battle between Misau and the Inspector-General of Police, Mr. Ibrahim Idris.
In the case filed before the FCT High Court, the prosecution preferred against Misau, a retired Deputy Superintendent of Police, five counts of making “injurious falsehood” against Idris and the Nigeria Police Force based on various allegations of corruption made by the senator against the IGP in the media.
Part of the allegations by Misau, considered injurious to the IGP and the Nigeria Police Force, was that police officers allegedly paid as much as N2.5m to get special promotion and posting through the Police Service Commission.
The federal lawmaker also accused the IGP of allegedly diverting money meant for the purchase of Armoured Personnel Carriers, Sport Utility Vehicles and other exotic cars.
Misau was also said to have falsely accused the IGP of making almost half of the mobile commanders in the country the people of his Nupe extraction.
The offences were said to be contrary to Section 393(1) of the Penal Code.
In another set of charges, marked FHC/ABJ/CR/170/2017, the prosecution preferred seven counts of making and “uttering” false documents comprising affidavits, statutory declaration of age deposed to at FCT High Court and the Bauchi State Health Management Board Birth Certificate, which he allegedly submitted to the Independent National Electoral Commission in 2011 and 2014.
Uttering, according to Wikipedia, “is a crime involving a person with intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document”.
The offences in the seven counts were said to be contrary to Section (1)(2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.
The two sets of charges were signed on behalf of the AGF by an Assistant Chief State Counsel, Mr. Aminu Alilu, who is of the Department of Public Prosecutions of the Federation, the Federal Ministry of Justice.
Part of the charges filed before the FCT High Court read in part, “That you, lsah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about August 10, 2017, at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that police officers pay as much as two million, five hundred thousand naira (N2.5m) to get special promotion and posting through the Police Service Commission as published in the Daily Trust Newspaper dated August 10, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun ldris (the serving Inspector-General of Police), the Nigeria Police Force and the Police Service Commission and you thereby committed an offence.
“That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about October 5, 2017, at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that about ten billion naira (N10bn) is being received by the Inspector-General of Police on a monthly basis from oil companies, banks, hotels and individuals as bribes for police protection and that is why you see people of dubious character with sirens in the country which said false statement of fact was aired in the Channels Television programme tagged ‘Politics Today’ on August 27, 2017, and published in the Daily Trust Newspaper dated October 5, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police), the Nigeria Police Force and the Police Service Commission and you thereby committed an offence.
“That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about October 5, 2017 at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that the Inspector-General of Police diverted money meant for the purchase of Armoured Personnel Carriers for the purchase of SUVs or exotic cars which said false statement of fact was aired in the Channels Television programme tagged ‘Politics Today’ on the August 27, 2017, and published in the Daily Trust Newspaper dated October 5, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police) and the Nigeria Police Force and you thereby committed an offence.
“That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about October 5, 2017, at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that the incumbent Inspector-General of Police, based on available records, series of petitions and reports from insiders, has no capacity to run the police just like the Chairman of the Police Service Commission, the IGP Mike Okiro, who also lacks similar capacity going by N300m scam and others hanging on his neck since 2011 during the presidential primary election of the Peoples Democratic Party, where he served as the head of the security committee, which said false statement of fact was published in the THISDAY Newspaper and The Punch Newspaper both dated August 26, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun ldris (the serving Inspector-General of Police), retired IGP Mike Okiro, the Nigeria Police Force and the Police Service Commission and you thereby committed an offence.
“That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about October 5, 2017, at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that about ten billion naira (N10,000,000,000.00) is being received by the Inspector-General of Police on a monthly basis from oil companies, banks, hotels and individuals as bribes for police protection and that is why you see people of dubious character with sirens in the country, which said false statement of fact was aired in the Channels Television programme tagged ‘Politics Today’ on August 27, 2017 and published in the Daily Trust Newspaper dated October 5, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun Idris (the serving Inspector-General of Police), the Nigeria Police Force and the Police Service Commission and you thereby committed an offence.”
The charges filed before the Federal High Court read in part, “That you, lsah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about January 28, 2011 at Abuja within the jurisdiction of this Honourable Court, did make a false document to wit: Affidavit in Support of Personal Particulars of Persons seeking election to the Office/Membership of the Senate of the Federal Republic of Nigeria (INEC FORM C.F. 001/2011), which you submitted to the Independent National Electoral Commission, knowing it to be false and you thereby committed an offence contrary to Section 1(2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.
“That you, lsah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State on or about January 28, 2011 at Abuja within the jurisdiction of this Honourable Court, did utter a false document to wit: Affidavit in Support of Personal Particulars of Persons seeking election to the Office/Membership of the Senate of the Federal Republic of Nigeria (INEC FORM C.F. 001/2011) which you submitted to the Independent National Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1(2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.
“That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about December 16, 2014, at Abuja, within the jurisdiction of this Honourable Court, did utter a false document to wit: Affidavit in Support of Personal Particulars of Persons seeking election to the Office/Membership of the Senate of the Federal Republic of Nigeria (INEC FORM C.F. 001/2015) which you submitted to the Independent National Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1(2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.
“That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about December 15, 2014, at the Independent National Electoral Commission Headquarters, Abuja, within the jurisdiction of this Honourable Court, did utter a false document to wit: a Statutory Declaration of Age deposed to at the High Court of the Federal Capital Territory, Abuja, on December 15, 2014, by submitting same to the Independent National Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1(2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.”
