The planned arraignment of Senator Isah Misau, representing Bauchi Central Senatorial District was stalled yesterday owing to an error notice on the charge sheet filed by lawyers from the office of Attorney General of the Federation.
Misau, who was in court, and dressed in a brown French suit, was to be arraigned on a 10-count charge in which he was accused of making false documents, including birth certificate.
When the case was called, Misau, who had sat among the court’s audience, stood up and walked straight into the dock, where he stood for the 25 minutes duration of the proceedings.
The prosecution lawyer, Saleh Barkun applied to substitute the seven-count earlier filed with an amended one of 10 counts filed on October 27, a request the trial judge, Justice Anwuli Chikere granted and struck out the earlier one.
Barkun later applied that Misau be arraigned on the amended charge, an application lead defence lawyer, Joshua Musa (SAN) opposed, citing an irregularity on the face of the amended charge.
Musa noted that the prosecution failed to affix the Nigerian Bar Association ( NBA ) stamp on the charge.
He argued that the omission amounted to an irregularity under Rule 10 of the Rules of Professional Conduct for Legal Practitioners.
The defence lawyer supported his position with the decision of the Supreme Court in case of Yaki Vs Bagudu 2015.
Musa said: “There is an irregularity on the face of the charge, it will be dangerous for the defendant to take his plea.
Responding, Barkun argued that it was unnecessary to place the stamp on the amended charge, having earlier affixed it to the old charge with which the amended one was substituted.
Ruling, Justice Chikere upheld Musa’s position and agreed to postpone the arraignment to a later date.
The judge directed the prosecution to address the irregularity before the next date and adjourned to December 12 this year.
Misau is, in the amended charge, accused of making and “uttering” false documents which he allegedly submitted to the Independent National Electoral Commission when he was seeking election to the Senate in 2011 and 2014.
He was said to have made false affidavits in support of personal particulars; statutory declaration of age deposed to at FCT High Court and the Bauchi State Health Management Board Birth Certificate with number 28799,
He was accused of making and uttering a Bauchi State Health Management Board Birth Certificate with number 141400C which he allegedly submitted to INEC on January 28, 2011, knowing it to be false.
The various birth certificates and statutory declarations of age submitted to INEC by the senator at different times were said to have disclosed different dates of birth.
Some counts in the charge read:
“That you lsah Hamman Misau of Hamman Misau Residence, Turaki Street Turaki Street Misau Bauchi State on or about January 28, 2011 at Independent National Electoral Commission Headquarters, Abuja within the jurisdiction of this honourable court, did make a false document to wit: Bauchi State Health Management Board Birth Certificate with Registration No. 141400C which you submitted to the independent 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 January 28, 2011 at Abuja within the jurisdiction of this honourable court, did utter a false document to wit: Bauchi State Health Management Board Birth Certificate Registration No. 141400C 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.”
Misau is facing a different charge before Justice Isahq Bello of the High Court of the Federal Capital Territory (FCT) for allegedly making injurious falsehood against the Nigeria Police Force (NPF) and the Inspector General of Police (IGP).
