Court voids arrest warrant against ex-NPC boss, Odimegwu

An Imo State High Court, sitting in Orlu division of the state, has set aside an arrest warrant issued by an Orsu Magistrate’s Court against the former chairman of the National Population Commission (NPC), Mr. Festus Odimegwu.

The court said Odimegwu was never an accused in the matter for which a warrant to arrest him should have been be issued in the first instance.

An Orsu Chief Magistrate’s Court, presided over by Mr. G.C.Okoli, had issued a warrant for the arrest of Odimegwu, a former Managing Director of Nigerian Brewery, for allegedly refusing to appear before the court to answer charges bordering on conspiracy and stealing levelled against him.

Delivering judgment in the suit HOR/33/2015  between Odimegwu and the Imo State Commissioner of Police and Others, Hon. Justice  L.C. Azama said, “In this case, the applicant has prayed this court to quash the proceedings of his worship, G.C Okoli Esq., Magistrate Grade I of the Orsu Magistrate’s Court, sitting at Awo Idemili over the order of that court for the arrest of the applicant on the ground that the said court acted ultra vires in its powers, in that the person of the applicant against whom the said order for arrest was directed, was not made an accused person before the said order was made over a matter he knew next to nothing about.

“Applicant exhibited his application Exhibit B, which is the charge sheet before the magistrate which contains the names of the following persons namely: Moses Okafor, Ichie Ezenwata, Peter Obidike, Innocent Edom, Orji Boniface, all of which have nothing to do with the identity of the applicant, whose names are given as Eze Festus Odimegwu.

“It was also shown that not even the police thought it fit to invite the applicant over any allegation of crime against him let alone arresting him for same before the court below came into the matter to do what the police did not see fit to do.”

Justice Azuama added, “An order for arrest is not an invitation; it has a coercive effect and power and capable of abridging the fundamental right of a citizen and to make such order without the opportunity given to the person affected or to be affected by it to be heard on the matter before it is made, runs against the dictate of natural justice and constitution of the Federal Republic of Nigeria as amended.”