Retired Police Officer Can Prosecute, Court Rules

THE Federal High Court in Lagos presided over by Justice Deinde Dipeolu, has dismissed a motion by United Bank for Africa (UBA) Plc and four others to disqualify Emmanuel A. Jackson from prosecuting a $950,000 fraud case, holding his prosecution is lawful.
The ruling, therefore, allows the criminal trial, which began in 2020, to proceed without delay.
UBA Plc, Chibueze Ojeh, Obinna Nwosu, Emeka Njoku and Castle Equipment and Logistics Limited are facing a five-count amended charge in the suit, marked: (FHC/AWK/25/2020), bordering on conspiracy, fraud, obtaining by false pretence and issuing dud cheques in a scheme that allegedly defrauded Nnamdi Vincent Ezenwa of Vinna Investment Limited.
The had defendants argued that Jackson, a retired Deputy Commissioner of Police (DCP), lacked constitutional authority to prosecute the case after retiring in April last year, citing Section 174 of the Constitution, Sections 66(1) and (2) of the Police Act 2020 and Section 106 of the Administration of Criminal Justice Act (ACJA) 2015.
They are claiming that Jackson’s continued involvement was unlawful.
The Police Special Fraud Unit (PSFU) had countered, insisting that Jackson had been formally retained as a legal consultant and prosecutor, authorised in writing to handle ongoing civil and criminal matters.
A PSFU officer, Sunday Ubani, confirmed that Jackson’s authority did not require a separate fiat from the attorney general of the Federation.
In the ruling, Justice Dipeolu upheld PSFU’s position, holding that Jackson’s prosecution is lawful.
The Judge stressed that the Police have the power to engage legal counsel for ongoing prosecutions and that barring Jackson would obstruct justice.
According to the charge sheet, between April 3 and June 30, 2013, the defendants deceived Ezenwa by falsely promising to sell U.S. Dollars at N159 per dollar.
They allegedly collected a total of N294,150,000 (about $1.85 million), but only transferred $900,000 to intended recipients in Italy, withholding $950,000 for personal use.
The trial was adjourned until June 4, this year.