COURT SUMMONS AIG Zone 9 Umuahia, AIG ISAAC AKINMOYEDE, ANAMBRA STATE COMMISSIONER OF POLICE, CP ECHENG EWORO ECHENG AND O/C LEGAL ZONE 9, BARR. SAMSON ONYEMAUCHE ESQ
By Ejike Obiora, Awka
An Anambra State Chief Magistrate Court 1(one) sitting in Awka the state capital has ordered the police officer in charge of Zone 9 Legal Department in the person of CSP Barr. Samson Onyemauche and two other Respondents in Motion No: MAW/CR/145C/21, to appear before the court on Wednesday 23rd February, 2022 by 9'0 Clock.
The court summon was issued to Onyemauche Esq and co Respondents sequel to the motion filed by the Applican, Chukwunenye Nweke, in the above said motion no.
The court summon and all other documents relating to the case were served on AIG Zone 9, Commissioner of police and Samson Onyemauche Esq through the lawyer in charge of the Legal office Zone 9, Samson Onyemauche Esq on Friday 11th February, 2022.
According to the eight pages affidavit and four exhibits in support of the motion signed by the Applicant, the Applicant told the court that he is currently standing criminal prosecution by the Respondents and the Respondents have deliberately denied him access to evidence attached to the police case file investigated by Crack Squad Zone 9 which are required by him, the Applicant to prove his innocence in court.
The Applicant affirmed that Barr. Samson Onyemauche and other Respondents cited section 185(2) of the ACJL, 2010, as a reason for denying him access to the material proof attached to his case file probed by Crack Squad Zone 9,Umuahia.
The Applicant informed the court that Section 185(2) ACJL, 2010, cited by the police to breaching on his right to adequate materials to prepare his defence against the police charge contravened with the Sections 1, 36(6b), and 36(6d) of the Constitution of Nigeria, 1999 amended, and other fundamental rights laws.
Therefore, the Applicant prays the court for an Order, mandating or compelling AIG Isaac Olutayo Akinmoyede, CP Echeng and Barr. Samson Onyemauche, to certify and issue him with the following documents attached to Crack Squad Zone 9, Umuahia, Abia State, for documentary reasons:
(1). The Applicant's police statement paper to Crack Squad Zone 9, dated, 20/7/18.
(2). Crack Squad Zone 9 Police invitation letter, dated, 26/7/2018.
(3). Friday Uwem( a police officer) police statement to Crack Squad Zone 9, dated, 21/11/18.
(4). Crack Squad Zone 9 Police statement papers of Mr. Ndu Onuko, Chief Onuko, Mrs. Ogochukwu Ikunne and Dr. Mrs. Aguiyi Anuli Ihuoma, dated Monday 6th August,2018.
(5). Preliminary Police Report by Crack Squad Zone9.
(6). Comprehensive Police Report by Crack Squad Zone 9.
(7) Preliminary Police Report or Press Release by D6 State C.I.D, Awka, Anambra State.
(8) Full Police Investigation Report by C.P.S., Awka, Anambra State.
(9) And all other documents attached to Crack Squad Zone 9 Police Case under the custody of the 1st, 2nd and 3rd Respondents.
Nevertheless, at the time of filing this report, the Respondents have not served the Applicant with any objection or counter affidavit amid the fact that the case has been scheduled for hearing on Wednesday 23rd February, 2022, being next tomorrow.