Justice Halilu Yusuf of the Federal Capital Territory High Court, Abuja, on Thursday rejected an application by the Inspector-General of Police (IGP), Kayode Egbetokun, seeking arrest warrants against five retired senior police officers accused of falsifying their ages to prolong their service in the force.
The officers are AIG Idowu Owohunwa (rtd.), CP Benneth Igweh (rtd.), CP Ukachi Peter Opara (rtd.), DCP Ukam Obo (rtd.) and ACP Simon Lough (rtd.).
They are facing a 14-count charge bordering on conspiracy, forgery and age falsification.
Represented by police counsel AIG Ezekiel Rimamasonte, the IGP told the court that the defendants had been served the charges through WhatsApp as permitted under Section 266(1) of the Administration of Criminal Justice Act (ACJA), 2015.
He said attempts to serve them physically failed because they vacated their official residences after retirement.
Mr Rimamasonte urged the court to issue bench warrants over their absence, but defence counsel Terkaa Aondo opposed the request, arguing that the defendants had not been personally served as required in criminal cases.
“My Lord, up till now, the defendants have not been served with a copy of the charge. This is not a civil but a criminal matter which requires personal service. Until they are properly before the court, the request for a bench warrant is premature,” Aondo said.
He accused the police of double standards, asking why they could arrest Nnamdi Kanu abroad and Omoyele Sowore in Nigeria but not the retired officers.
In his ruling, Justice Yusuf upheld the defence’s argument, ruling that the service of charges through WhatsApp was improper in criminal proceedings.
“The police has the apparatus to bring the defendants to court. Until they are properly before the court, a bench warrant cannot be granted,” he said.
He reminded the prosecution that the defendants were earlier granted bail on self-recognisance and directed them to ensure the officers appear in court at the next sitting.
The defence counsel was also instructed to produce his clients.
The case was adjourned to November 17, 2025, for arraignment.
The charge sheet includes allegations that the officers conspired to falsify their ages and service records to extend their stay in the force, forged documents and benefited from privileges of office beyond their retirement dates, offences said to contravene various sections of the Penal Code Law.
