A dark cloud is hovering around Umo Eno, governorship candidate of the Peoples Democratic Party (PDP) in Akwa Ibom state, as the prison doors may open to receive him, on the orders of a Magistrate Court, sitting in Abuja.
It would be the second conviction at that level after Bassey Akpan, the governorship candidate of the Young Progressives Party (YPP) in Akwa Ibom State, who was in December last year sentenced to 42 years in prison for corruption by the Federal High Court sitting in Uyo, the state capital.
Justice Agatha Okeke, who convicted the candidate, Senator currently representing Akwa Ibom North-East (Uyo) on six counts bordering on money laundering, including graft, ordered that he be taken to the Ikot-Ekpene Custodial Centre, where he would serve the jail term.
Akpan, was arraigned by the Economic and Financial Crimes Commission on June 24, 2019 on charges of corruption over the receipt of exotic vehicles estimated at over N204m, in May 2010, Akpan, as then the Commissioner for Finance, Akwa Ibom State, from one Jide Omokore a BMW X5 (bullet-proof car) worth N50m; in December 2012, and another Infinity QX56 (bullet-proof) worth N45m was also received from the same source..
In the current case, Eno was convicted by Emmanuel Iyanna, Senior Magistrate, “cheating and dishonestly inducing delivery of property,” in absentia after allegedly failing to appear in court, despite being summonsed to do so.
Indications however is coming that the politician is fighting back, by asking a chief magistrate court in Zone 6, Abuja to set aside the warrant of arrest issued against him, which was also issued by Iyanna after pronouncing the conviction via a complainant in the suit marked CR/94/2022 brought by one Edet Godwin Etim.
In a motion on notice filed before the court on Monday, Eno, through his team of lawyers is praying the court to set aside the warrant of arrest, which he claimed to have discovered through the social media, according to an affidavit in support of the motion.
The affidavit, sworn to by Samuel lkpo, one of the lawyers, said that after he found out about the suit and the warrant of arrest, had to call many of his friends to verify the facts as presented in the social media and it was confirmed, that there is such a case pending at court in Wuse Zone 6.”
Stating that Eno, had never been invited by the police on any matter nor had he ever made any statement to the police in connection with this case, he added that he had also never been served with any court process, adding that he was ready to defend any case brought against him before the court.”
In an affidavit of urgency attached to the suit, the lawyer averred that there was much tension in Akwa lbom state as many social media houses had been interpreting the court orders within their knowledge in a manner likely to cause a breach of the peace within the state.
He urged that the motion should be given speedy hearing to ensure that justice is done, adding: “The substance of this application is that the defendant/applicant has never been served with any court process commanding him to attend court in this case. In all court cases services of court process are personal talk less of criminal cases.
“The court has inherent jurisdiction to interfere with its orders which are a nullity. This is one of such situations that the court can intervene with its orders and set them aside.”
He specifically, asked for an order setting aside the warrant of arrest issued against the defendant/Applicant by the court on the 23rd day of December 2022 on the grounds that no court process has ever been served on the Defendant/Applicant to appear in court and answer to any charge. I respectfully urge upon the court to grant our prayers in the interest of justice.”
Though the court has fixed Thursday, January 12 to hear the application, a warrant has been served on the Inspector General of Police via the commissioner of police (legal), to effect Eno’s arrest.
TheCable reports of an acknowledgement copy, it sighted, showing that it was stamped “received” on Monday, January 9.