By Innocent Anaba
The Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke, SAN, has taken over the prosecution of the Commissioner for Insurance of the National Insurance Commission, Mr. Fola Daniel, before a Federal High Court, Lagos for offences of malicious misrepresentation of facts.
At the resumed hearing in the matter, before Justice Ibrahim Buba, a lawyer from the Federal Ministry of Justice, Mrs. C. Enembo, said that the AGF’s office had filed an application to take over the case.
A private prosecutor, Mr. Chijioke Ndubuisi, had filed the information, alongside a six-count charge against Daniel before the court.
Ndubuisi had prayed the court to enable him formally commence the prosecution of the accused on the basis of the charge. It is the charge that the AGF has taken over after communicating his intention to do so to Ndubuisi.
Defence counsel had argued that there was no case before the court and asked that same be struck-out. But the court adjourned to allow the AGF regularise the process, following which a formal charge would be brought against the accused.
In the said charge accompanying Ndubuisi’s motion, it was alleged that Daniel deliberately made a number of misleading and malicious misrepresentations against an insurance company, Alliance and General Insurance Ltd to a number of public officers and agencies with the intention of damaging the reputation of the said insurance company.
It was further alleged that Daniel committed the same offences against Fidelity Bond Group, by representing that the Group had infracted the Insurance Act 1997.
Part of the six-count charge against Daniel read that Daniel “did present information to Minister of Aviation that there is no subsisting court order against the commissioner prohibiting the commission from enforcing its regulatory functions which information you (Daniel) knew to be false inevery material particulars and you thereby committed an offence contrary to and punishable under section 89 (1) and (2) of the Insurance Act 2003.”