The Nigeria Police recently lived up to its name and gave pensioners and the public cause to hope on the force’s age-long slogan, “The police is your friend”, when it arrested, investigated and charged a former member of the House of Representatives, Hon. Nze Chidi Duru, for alleged theft, impersonation, conspiracy and breach of the peace.
At the commencement of trial on the 16th of January 2017, before a Chief Magistrate Court in Lagos, the police alleged: “Chidi Duru ‘M’, Smart Iheazor ‘M’ and others now at large, on the 11th day of January 2017, at No. 65 Kudirat Abiola Way, Oregun, Ikeja, Lagos, in the Lagos Magistrate District, did conspire among yourselves to commit felony to wit stealing and thereby committed an offence punishable under section 409 of the Criminal Laws of Lagos State of Nigeria, 2011″.
Also, they, according to the charge sheet, alleged that the suspect, alongside others at large “did steal (3) three office files, (1) one HP Laptop valued at the sum of N250,000 property of First Guarantee Pension Limited (FGPL)”, contrary to contrary to Section 285 of Criminal Laws of Lagos State, 2011″; and conducted themselves “in a manner likely to cause breach of the peace by wilfully and unlawfully invading First Guarantee Pension Limited (FGPL) offices with an intent to forcefully takeover the management and assets of the company and thereby committed an offence punishable under Section 111(d) of the Criminal Laws of Lagos State, 2011”.
One of the other suspects at large, Mr. Osita Osuagwu, was arrested and arraigned on the same charges on the 18th of January 2017.
This is the sort of utmost seriousness and professionalism with which issues relating to the protection of pension assets should be treated. After all, we will all become pensioners someday.
The claim by Duru that he had gone to FGPL to enforce a court order holds no water. While he claims he has a purported court order restraining the National Pension Commission (PENCOM) from acting on the reports of the regular and special examinations on FGPL in 2007, 2008, 2009, 2010, which allegedly indicted him, he does not tell people there was another court order in favour of PENCOM, while suits relating to the matter, including an appeal by himself, are before the Court of Appeal and Supreme Court. So the issue of disobeying court order does not arise.
Besides, disobedience to court order is a contempt of court and the court knows how to enforce sanctions against a party that acts in contempt to it. So, why hasn’t the court taken action against the said disobedience since 2011 if any such contempt exists?
Also, Duru does not tell Nigerians that the accounts of FGPL account was in red to the tune of N422,958,000 as of the time he was eased out as the Vice Chairman of the Board of FGPL in August 2011 for alleged practices and constant corporate governance practices, recorded a profit of N1,922,390,000 as at April 2016.
One must, therefore, commend the police for refusing to fall for Duru’s claims to the effect that he had a court order to take over the management of the PFA. Besides his inability to provide the much touted purported court order, the police was on point to have reasoned that it was not in Duru’s place to enforce any court order, even if there was any. It was for the court bailiff, working with the police.
The police were also right in their refusal to fall for the alleged claim by the former lawmaker that he had President Muhammadu Buhari’s nod, vide the Office of the Attorney-General of the Federation (AGF), to take over FGPL. How could The Presidency have asked Duru to go and act in contempt of court upon a matter before the Supreme Court and Court of Appeal? But it is reassuring to know that the police was able to confirm that neither President Buhari nor the AGF gave any such directive.
Police also deserves a pat on the back for refusing to fall for Duru’s claim of “sudden illness” while in police custody. We can only make progress in this country once the law is equally applied and without undue privileges to the rich and powerful. We would never make any headway if, as Jonathan Swift put it, laws are rendered mere “cobwebs, which may catch small flies, but let wasps and hornets break through”.
Is it not an irony that he was full of life when he allegedly invaded the head office of FGPL for which he has now been charged, only for him to suddenly take ill in police cell as widely reported by the media. But thank God for the police hospital, which ensured he regained his ‘failing health’ and he was arraigned.
However, for the police and the judiciary to earn the full praise of pensioners, Nigerian workers, and the public on this matter, they should ensure that this matter does not end with the razzmatazz of arraignment as we have seen with cases of corruption involving VIPs. The usual long and windy trial should not apply here if we must ensure justice for all the parties.
- Dipo Ogunlolu resides in Lagos.
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