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Alleged murder in Afikpo: Why I was discharged, acquitted by court- Uchman

I’m doing well in business, eligible for public office, political appointment

Former Coordinator of Ubeyi Development Centre in Unwana, Afikpo North Local Government Area of Ebonyi State, Hon. Uchenna Ibiam (aka Uchman), has responded to a purported letter written by a group to Governor Umahi, describing him as an alleged serial killer not fit to assume public office.

Recall that Uchman was linked to a shooting in Unwana in February, 2020, where his cousin brother and staff of Akanu Ibiam Federal Polytechnic, Unwana, Mr Enyinnia Ibiam, was killed in controversial circumstances, during a local government primary election.

Uchman promptly surrendered himself to security agents, while Umahi terminated his appointment as Coordinator, pending the outcome of the investigation, before standing a year-long trial for the killing, with case number HAF/10c/2020.

However, on Monday, February 1, 2021, Justice B. A. N. Ogbu of the High Court of Afikpo discharged and acquitted Uchman on the allegation of murder as the Ebonyi State Deputy Director of Public Prosecutions, J. E Nwaonuma, Esq, tendered a Nolle Prosequi (a Latin phrase which, when translated into English, means: ‘unwilling or unable to proceed or prosecute’) from the Attorney General of Ebonyi State absolving Uchman of the allegation of murder.

According to the certified true copy of the ruling obtained by this reporter, signed by Justice B. A. N. Ogbu (Judge) on February 1, 2021, and Amadi Okoche (Higher Registrar) on February 4, 2021, following the tendering of a nolle prosequi from the Attorney General of Ebonyi State, the court had no reason to continue trying Uchman as the Supreme Court of Nigeria had made a pronouncement on such a situation.

The judgment read: “This is a charge of murder, the trial of which was fixed for 26/1/2021. However, when the charge of murder was called up on 26/1/2021 for trial, J. E Nwaonuma, Esq, Deputy Director of Public Prosecutions, tendered a Nolle Prosequi from the Hon. Attorney General of Ebonyi State. And the proceeding of the court was adjourned in this case to today for ruling. Therefore, it is in respect of a similar situation of tendering a Nolle Prosequi in a criminal proceeding as in the present case that the Supreme Court of Nigeria made the following pronouncement:

“ ‘At any stage of any criminal proceedings before Judgment, the Attorney General of a State or the Attorney General of the Federation may enter a Nolle Prosequi either by stating in court or filing appropriate processes to inform the court that the State intends that the proceedings abate. Once this is brought to the notice of the Presiding Judge, the accused person shall be discharged immediately from the charge the nolle prosequi was filed or entered. The Judge has no power to question the Attorney General as to why he filed a nolle prosequi…’ See Audu v. Attorney General of the Federation (2013) ALL FWLR (pt 667) 607 at 823 S.C.

“Therefore, in total obeisance to the constitution of the Federal Republic of Nigeria 1999 (as amended), which has been clearly expounded in the above case, this court is bound to discharge Uchenna Ibiam, the Defendant in this case, of the offence of murder levelled against him in this case. Accordingly, the order of this court is that you, Uchenna lbiam, the Defendant in this information HAF/10c/2020 is hereby discharged. This is the Ruling of the court.”

Nevertheless, on Tuesday, May 3, a group, under the aegis of Afikpo North APC Wise Elders Caucus, in an open letter signed by its supposed leaders from Ohaisu, Itim and Amasiri communities, which was published in an online medium for Umahi’s attention, urged the governor to look into the rumour of Uchman being projected by his kitchen cabinet members to become the next Afikpo North Chairman.

However, during an interview with this reporter, Uchman dismissed the allegations of the group, saying, apart from the group being faceless and bearing a fictitious name, he has already been discharged and acquitted by a court of competent jurisdiction on the cited allegation of murder and that it amounts to glaring ignorance of the law for anyone to accuse him of the same offence the court absolved him of.

Uchman said that he is doing very well in his private business, revealing that he performed well as Coordinator of Ubeyi Development Centre, despite meager resources at his disposal, and will perform well in any public office, whether elected or appointed, as the judgement of the court makes him eligible to hold public office.

He said: “I feel so glad that I was discharged and acquitted by the High Court in Afikpo last year on the allegation of murder and I give all glory to Almighty God who vindicated me. As you know, I submitted myself to security agents after the shooting incident, because I knew I was innocent of the alleged crime. It is in the public domain that, after a very lengthy and rigorous legal battle, the presiding Judge discharged and acquitted me of the alleged crime.

“Nevertheless, I learnt so much from my ordeal. One, as a leader, whenever there’s crisis in your area, you have to take full responsibility. Second, in times of crisis, people will want to tarnish your image, because of political reasons. In fact, it is disheartening that, in times of tribulations, people you trusted will desert you. That is why you should be careful of whom you regard as friend. Even a blood brother can stab you on the back, let alone a supposed friend. Therefore, we all have to be careful in our association and dealings with people we come across on a daily basis.

“Having said that, I want to let you know that the so called Afikpo North APC Wise Elders Caucus doesn’t exist. The names mentioned there are all fictitious. Such persons don’t exist under our LGA and the umbrella also doesn’t also exist. Whatever they said in the purported publication should be dismissed, because the supposed writers are cowardly people hiding under a fictitious name to make unfounded claims. In their desperation, they got the writer of the news in trouble as it defeats the ethics of journalism for a supposed journalist to publish fake news by accepting to publish a slanderous material from a fictitious group.”

He added: “I have briefed my lawyers on the development and the journalist will be called to account to produce the supposed group and to prove the bogus claims he made in the publication without facts, including ridiculously linking me to a murder at Edda as far back as 2003. In a nutshell, as the so called stakeholders are fictitious and faceless, I urge the public to ignore their claims. I can only respond to their ridiculous allegations if they exist. Those accusing me of killing are ignorant of the Law, especially in a matter that I was discharged and acquitted by a court of competent jurisdiction, so I am not disturbed.

“Judging by my performance as Coordinator of Ubeyi Development Centre, where I put up six standard motorised boreholes (with generators) in six communities under my DC, namely: Eziukwu Amagu, Nkagbogo, Uhuetiti, Amaekwu, Enohia and Kpoghirikpo, I have my people’s welfare and interest at heart. Note that the boreholes are still functional till date. I also installed 200kva transformer, 30 concrete poles and high tension cables at Maternity Road, Unwana. The above achievements show that I have the capacity to do more if given more responsibilities.

“So, based on these achievements with little resources and my short period in office, if given a better and bigger opportunity to hold public office, I’ll do more for my people. Like I said before, I achieved so much with so little as Ubeyi Development Centre Coordinator, but I will do more if given the opportunity to serve my people in a larger capacity. APC stakeholders in Unwana are united and behind me in whatever public office I may be considered to hold. In a nutshell, based on my previous achievements, if given any bigger responsibility, I will sure do much better.”

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