….Police Investigator Seized Hon. Ndakene ID Card…
One of the Kwara APC Reps, Ahmed Ndakene, on Thursday formally took his plea before an Abuja Area Court, Karmo in an alleged case of certificate forgery and false information on oath preferred against him.
Ndakene, who represents Edu/Moro/Patigi Federal Constituency of Kwara made his second appearance before the court over alleged criminal breach of Section 88(1), 89(3) and 109c of the Administrative Criminal Justice Act (ACJA) 2015 brought against him by Mahmud Babako , a candidate of the Peoples Democratic Party (PDP) in the last general elections.
At the resumed hearing yesterday , the Judge, Inuwa Maiwada ruled on the issue of whether or not a private legal practitioner had the power to prosecute a criminal matter or not, which was the bone of contention between both lawyers representing the complainant, Mahmoud Babako and the defendant, Ndakene
Maiwada in his ruling said that he was convinced that counsel had joined issues which was whether or not a private prosecutor can prosecute a matter or not. He further said the argument canvassed was whether or not a private prosecutor can prosecute was in the affirmative in compliance with Section 383 of the Administrative Criminal Justice Act ( ACJA), 2015.
Babako lead counsel, Labio Orji had therefore prayed the court to allow Ndakene to take his plea instead of seeking for police investigation into the matter before he would be arraigned. Alex Edim, the lead counsel to Ndakene, however, opposed the application and predicated his objection on Section 89 (5) of the ACJA, 2015.
The Judge therefore ruled in favour of the complainant, Babako and held that a criminal matter can commence from the point of arraignment to judgment. He went further to say the matter was at that point not formally before the court and directed the Kwara APC lawmaker, Ndakene to immediately take his plea.
Hon Ndakene when asked if he understood the complaint against him and if he was in receipt of same, he affirmed in the positive.
However when he was asked if he was guilty , he disagreed.
The Judge said because the forgery charge is a weighty one , he referred the matter to the Utako Divisional Police Headquarters and that report of the investigation must be submitted to the court within two weeks
The trial was therefore adjourned to July 1, for ruling on the investigation of report.
The court thereafter cautioned both parties from making damaging utterances and advised that only their counsel who had clear understanding of legal terms should address the media.
Meanwhile , the police immediately after the court dragged Honorable Ndakene to the Police Headquarters, Utako District Command where his identity card was collected for proper profiling with the police . Honorable Ndakene who was so ashamed of himself tried to hide his face from Journalists who had positioned their camera towards him and also refused to address the press as police dragged him to their office .
This medium recalls that Honorable Ndakene who won on the platform of APC was alleged to have forged his certificate and presented same to INEC in the form he used to contest for the 2019 election.He was also alleged to have deposed on oath to facts which were not true and his occupying the seat of his constituency was based on false information and forged documents.