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NEWS UPDATE: FIRS loses bid to stop trial of staff charged for forgery of tax documents

NEWS UPDATE: FIRS loses bid to stop trial of staff charged for forgery of tax documents

A Federal High Judicature in Abuja on Monday rejected the asking to halt the trial of 2 officials of the Federal Inland Revenue Service, (FIRS) charged with falsification of revenue enhancement documents.

Justice Inyang Ekwo, in a ruling, held that the no-case submission made by the defendants – Mohammed Adami and Okoro Eunice Udokanmma has no merit.

Adami and Udokanmma are, in a five-count charge, marked: FHCABJ/CR/2010 accused of falsifying personal income revenue enhancement clearance certificate.

At the conclusion of the prosecution’s trial after calling 6 witnesses and tendering documents, the defendants made a no-case submission.

They argued that the prosecution failed to plant a prima facie trial against them to warrant their existence called upon to come in defence.

Nevertheless nonetheless Justice Ekwo, in the ruling held that the prosecution has discharged its burden of establishing a prima facie trial to warrant the calling of the accused to defend themselves against the offences charged.

“The essence of determining the establishment of prima facie trial is that at the dot it is raised, the trial is good laid for a fair judicature or tribunal to convict the accused on the allegation which has been found to be established.

“Nevertheless nonetheless, the judicature would not do so where it has the view that the accused be given the opportunity to offering explanations or defence. This is the trial hither.

“I regain that by the evidence of PW (prosecution witness) 1, PW2, PW3, PW4, PW5 and PW6 and exhibits. PW1-A and PW1-B, PW2 – A and PW2-B, PW3 – Al – A31, C, and, D, PW5-A1 — A10, PW5-B, and, PW6, the prosecution has made prima facie trial on counts one, 2, 3, 4 and 5 of the charge sheet.

“The first off and moment defendants will be required to create explanations thereto to this judicature.

“I hereby say the first off and moment defendants to come in their defence with honor to the allegations in all the counts on the charge sheet. This is the say of this judicature,” Justice Ekwo held.

In one of the counts, the defendants are alleged to have, “sometime in September 2007 deliberately used a falsified Personal Income Revenue enhancement Clearance’ Certificate with _ series No.05027875 and File reference No. ABJ/PIT/07/CAITO/380, which Certificate was intended to cover Revenue enhancement for the periods 2004, 2005 and 2006; purportedly Issued on 5/9/2007 in the proper noun of Paul Osa Ogbebor of Paulosa Life Army camp, Gwarimpa, Abuja; which they unlawfully presented to one Vincent Enoghase for a fee of N120,000.00 (one hundred and 20 thousand naira) only, with the intention that same be used as genuine and thereby committed an offence punishable under S. 43 (b) of the FIRS Human activity, 2007.”





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