The arraignment of five retired senior officers of the Nigeria Police Force on allegations of age falsification was stalled for the third consecutive time on Thursday, as the defendants were absent from court.
The case, which came up before Justice Yusuf Halilu of the Federal Capital Territory High Court, Maitama, could not proceed because the police were unable to effect personal service of the charges on the accused persons.
The defendants: Assistant Inspector-General of Police (AIG) Idowu Owohunwa (Rtd), Commissioners of Police (CPs) Benneth Igweh (Rtd) and Ukachi Peter Opara (Rtd), Deputy Commissioner of Police (DCP) Obo Ukam Obo (Rtd), and Assistant Commissioner of Police (ACP) Simon A. Lough (Rtd), are facing a 14-count charge filed against them by the Inspector-General of Police (IGP).
In the charge marked CR/353/2025, the five retired officers are accused of conspiracy, falsification of age, forgery, fraudulent declarations, and dishonest deposition of false claims in court proceedings.
One of the counts alleges that the officers, who joined the police in 1999, “conspired to falsify their ages in order to remain in service beyond the mandatory retirement age,” contrary to Section 97(1)(2) of the Penal Code.
They are also accused of altering official documents “with the intention of illegally prolonging their service, thereby benefiting from office privileges contrary to the Public Service Rules of the Federal Republic of Nigeria,” an act prosecutors say amounts to cheating under Section 324 of the Penal Code.
The charges further cite offences under Sections 158(1), 178 and 366 of the Penal Code Law.
At the last sitting, Justice Halilu had ordered the police to produce the defendants in court for their arraignment after the prosecution complained about their persistent absence.
But on Thursday, prosecution counsel ACP Rimamsomte Ezekiel told the court that all efforts to serve the defendants had failed.
According to him, investigators visited their last known residential addresses only to discover they had relocated.
He added that a soft copy of the charges was also sent to their WhatsApp accounts, yet they still failed to appear.
Ezekiel therefore urged the court to issue a bench warrant under Section 266(1) of the Administration of Criminal Justice Act (ACJA), 2015.
The defence counsel Terkaa Aondo (SAN) opposed the application, insisting that personal service was mandatory in criminal trials.
“My Lord, up till now, the defendants have not been served with a copy of the charge. This is a criminal matter which requires personal service, not substituted service.
“Until the defendants are properly before the court, any request for a bench warrant is premature,” Aondo argued.
He further challenged the prosecution’s inability to secure their attendance:
“The police have the apparatus to bring the defendants to court. If they could arrest Nnamdi Kanu in Kenya and Omoyele Sowore in Nigeria, why can they not arrest these defendants and bring them before the court?”
In his ruling, Justice Halilu upheld the defence’s argument, stressing that criminal charges cannot proceed without personal service.
“You granted them bail on self-recognition. It remains your responsibility to ensure they are brought before the court to take their plea.
“You are the prosecutor. You should do all within your powers to ensure that the defendants attend court on the next adjourned date for arraignment,” the judge ruled, according to PUNCH.
He also directed the defence counsel to ensure the defendants appear at the next sitting.
The case was adjourned until November 17, 2025 for arraignment.
The case has attracted attention within legal and policing circles, given the seniority of the officers involved.
Allegations of falsified records and service extensions have long plagued Nigeria’s security services, where some officers are accused of manipulating age declarations to remain in service beyond the statutory 35 years or age 60 limit.
The repeated failure of the defendants to appear in court is already raising questions about enforcement and accountability within the police system.