Stop Intimidating Chief Pius Ogbuawa!

‘Alas, the Inspector General of Police, in his wisdom, discountenanced the joint investigation by Security Forces in the country and, in a bizarre manner, directed that the case file in respect of this matter be transferred to the Commissioner of Police Anambra state for further investigation.

‘…It should be noted that Amusa Bello (current Police Commissioner in Anambra) was the Deputy Commissioner of Police in Anambra state when this matter first started in 2007. It was the same Amusa Bello (then DCP), who warned Ogbuawa that he should provide the two Chinese in less than 24 hours or he will call a press conference of all Nigerians and tell them that he is the brain behind all the kidnapping cases in the country .

It was still the same Amusa Bello who ordered the Area Commander, Nnewi to take Ogbuawa to the dreaded Special Anti Robbery Squad (SARS) Cell, Awkuzu where he was detained for 21 days and was not allowed communication with any other person including members of his family, his Lawyer, traditional rulers, friends and business colleagues. So we wonder how Ogbuawa can obtain justice from this same man who refused to give him fair hearing before he was later transferred to Police Zonal Headquarters, Zone 9, Umuahia, where he was later released‘. (Picture left is Chief Pius Ogbuawa)

The above quotation summarizes a petition recently sent by Nigeria’s foremost human rights organization, Civil Liberties Organization (CLO) to President Umaru Musa Yar’Ardua.

CLO has, for sometime now, observed a deadly coalition against the person of Chief Pius Ogbuawa, one of the richest living Igbo businessmen. In this coalition are Chief Innocent Chukwuma (alis Innoson), the Nigeria police, led by Police Inspector-General, Mike Okiro and some Nnewi businessmen who are envious of Ogbuawa’s business successes in their own land.

Findings show that Ogbuawa’s travails began since he secured a court judgment against Innocent Chukwuma over his (Chukwuma)’s piracy of his products. Ogbuawa’s feat of dissuading Governor Peter Obi from banning certain class of motorcycles in the state contrary to Chukwuma’s wishes, also, deepened the enmity between the two business giants.

It is on record that Innoson threatened to deal with Ogbuawa in 2006. This threat was followed by the invasion of Ogbuawa’s Nnewi residence. Both his wife and jeep were taken away. While the wife was hauled out of the vehicle in Adazi Ani area of the state, his jeep was abandoned near a police station in Enugu. Thereafter, Ogbuawa was kidnapped right in the premises of a church he pastors. He bought his freedom with N20 million.

Several days after, same kidnap gang came for Innocent Chukwuma. Having missed Chukwuma, they abducted three of his staff, including two Chinese nationals and a Nigerian from his Nnewi motor assembly plant.

The bandits demanded N20 million from Innoson to release his three staff, but he could only afford N10. As a result, the kidnappers held back Sheng Yi, one of the Chinese nationals. Innoson never paid up the ransom, and Sheng Yi died in the custody of the kidnappers.

Today, a coalition of Innocent Chukwuma and the Nigeria Police, which had successfully pocketed, have subjected Ogbuawa to all sorts of harassments, accusing him of having sponsored the kidnap of the Chinese nationals and so on.

But this is not so, as investigation proves Ogbuawa innocent of any involvement in the kidnap crime.

It is against this background that CLO petitions President Yar’Adua for his intervention to save the business mogul from the ceaseless molestations of Innoson and the police.

Excerpts of the petition:

July 7, 2009,

The President and Commander-in-Chief,
Federal Republic of Nigeria,
Presidential Villa, Abuja.

Your Excellency,

APPEAL FOR JUSTICE
RE: PERVERSION OF COURSE OF JUSTICE BY THE POLICE AND CONTINUED PERSECUTION OF CHIEF PIUS OGBUAWA.

The Civil Liberties Organization petitions your office in respect of the above-mentioned matter on behalf of Chief Pius Ogbuawa of Zone 11, No. 1, Nnewi Main Market, Nnewi, Anambra state.

On January 28, 2007, while he was just arriving at the Church premises where he is a Pastor, Ogbuawa was attacked by gun men who turned out to be kidnappers. Ogbuawa’s assailants gave him a deep matchet cut on the head, blindfolded him and took him to an unknown destination inside a thick forest which was later discovered to be located in Ekoli-Edda, Ebonyi state.

CLO learnt that the kidnappers demanded a ransom of N20 million, five motorcycles and two generating sets from Ogbuawa before he could be released. Ogbuawa was released on the third day by his captors after his family paid the N20 million ransom. Before he was set free, the kidnappers told the business mogul that they would come to take delivery of the motorcycles in their own good time.

Most unfortunately, despite the fact that Ogbuawa promptly reported the incident to the Police immediately he secured his freedom, the Police is yet to commence investigation into his kidnap, that is, over two years now!

Three months after the incident, precisely on March 17, 2007, the kidnappers invaded Nnewi again and, this time around, went to Innoson Nigeria Limited where they abducted two Chinese and one Nigerian. On April 11, 2007, about three weeks after the incident at Innoson Nigeria Limited, six armed policemen, deployed by the Area Commander, Nnewi, Mr. Yakadi, stormed Ogbuawa’s shop and arrested him.

On getting to the Police Station, Yakadi showed Ogbuawa a petition written against him by Innocent Chukwuma of Innoson Nigeria Limited. Chukwuma’s petition accused Ogbuawa of having masterminded the kidnap of his three staff. The Area Commander reportedly brought out MTN printout where a particular number made so many calls, and accused Chief Ogbuawa of having used that number to communicate with the kidnappers.

CLO discovered the number in question to be 08035079402. Ogbuawa had stoutly denied ever having anything to do with the said MTN number, yet both his accuser, Chukwuma, and the police refused to believe his own version of the story, but, instead, threw him into detention. Around 9 pm that day, Ogbuawa was taken to the State Criminal Investigation Department, Awka where he was taken before a team of Police officers, headed by the Deputy Commissioner of Police, Mr. Amusa Bello, who is now the Commissioner of Police.

Curiously, the Police team which refused to listen to Ogbuawa at all, gave more than three hours audience to the Area Commander, Nnewi. Rather than give any fair hearing to Ogbuawa, DCP Bello warned him to produce the two kidnapped Chinese in less than 24 hours, threatening that the police would call a press conference to tell all Nigerians that he (Ogbuawa) is the brain behind all the kidnaps in the country.

Bello, thereafter, ordered the Area Commander, Nnewi to take Ogbuawa to the dreaded Special Anti Robbery Squad (SARS) Cell, Awkuzu. And on getting to the SARS Cell, the Area Commander ordered officers on the counter not to allow any communication between him and any other person, including members of his family, his lawyer, traditional rulers, friends and business colleagues. CLO gathered that each time Ogbuawa’s people brought food, policemen on duty normally collected N4, 000:00 before allowing them to give him food.

Chief Ogbuawa stayed in Awkuzu cell for 21 days, and was moved to the Police Zonal Headquarters, Zone 9, Umuahia, Abia state, where he was detained for 14 days. While in Umuahia, the Commander of the gang that kidnapped him and the white men, Sebastine Ejiofor, was picked by the Police and taken to Area Command, Nnewi. Despite merciless torture and protracted interrogation, Sabastine Ejiofor did not implicate Ogbuawa, a situation, which it is suspected, led to the inexplicable release of the kidnap kingpin on the orders of the Yakubu (DIG retired).

Ogbuawa was to be released on the orders of the Assistant Inspector General of Police (AIG) in charge of Zone 9, Umuahia, but his release did not go down well with Innoson who, subsequently, fired a petition to the Force C.I.D, Police Headquarters, Abuja, maintaining that he was dissatisfied with the investigation carried out by Zone 9, Umuahia.

It was based on this petition to the Police Headquarters, Abuja that five Policemen were deployed from Abuja to arrest Chief Ogbuawa. Ogbuawa was thus arrested at his house, just a day after he was released from the Police Zonal Headquarters, Umuahia.

Ogbuawa was dumped in cell at the Area Command, Nnewi for eight days and later taken back to Anambra State Police Headquarters, Awka, where he stayed in the cell for 11 days before the former Deputy Inspector General of Police, (DIG) "D Department", Dudari ordered that he be brought to Abuja. At Abuja, both Ogbuawa and Innocent Chukwuma were brought before Dudari(DIG) and the Inspector General of Police(IG) on two different occasions.

Investigations by the CLO showed that the duo of Dudari(DIG) and the Inspector General of Police exonerated Ogbuawa from complicity in the kidnap crimes after hearing their different versions. The eventual Police Investigation Report which was read before Dudari(DIG), the Inspector General of Police and the other Police officers, exonerated Ogbuawa again. Part of the recommendations of the report was that the complainant, Innocent Chukwuma, be charged to Court (and be prosecuted) for giving the Police false information, as well as for falsely accusing the Police of wrongdoing in respect of the matter on the pages of newspapers. (We attach both the exoneration letter from Inspector General of Police and the Police Investigation Report to this petition as “Document 1 & 2” respectively. These two documents which were given to Ogbuawa by the OC Legal, Ejiofor Esq., the Police Prosecuting Counsel, are very significant in that they are decisions which emanate from the highest Authority of the Police Force).

Still not satisfied with the outcome of the Police investigation and the decision, Innoson, again, petitioned the General Officer Commanding (GOC) the 82 Division of the Nigerian Army, Enugu, and the GOC, subsequently, sent his men to come and pick Ogbuawa at his store at Nnewi Main Market. Ogbuawa slipped underground when he sighted the soldiers, and the soldiers, in turn, left a letter of Invitation for him with his staff. (The copy of the Invitation letter is attached to this petition and marked “Document 3”).

Chief Ogbuawa later went to honour the invitation from the GOC. And the GOC, after hearing his own version of the story, released him on the reason that he has no case to answer.

It is the contention of Ogbuawa that Innocent Chukwuma is more interested in nailing him (Ogbuawa) than the kidnappers who abducted his staff two years ago. For instance, 16 suspects were eventually charged to court for prosecution by the Police at the Nnewi High Court, but the matter did not go on for one day. Reason? Innocent Chukwuma was not happy that Ogbuawa was not among those charged. And the police, in a curious twist, later applied to withdraw the case from Nnewi High Court on the excuse that they needed to do further investigation. The suspects were, subsequently, taken to Abuja for further interrogation.

CLO’s findings showed that Sabastine Ejiofor, leader of the kidnap gang, and one Peter Igbokwe were seriously tortured at Abuja, with a view to getting them incriminate Ogbuawa in the kidnaps. While Ejiofor was injured on the legs, Peter Igbokwe was rendered toothless. The torture occurred under the watchful eyes of the new Deputy Inspector General of Police (retired). Information we have indicate that Ogbuawa was charged to the Federal High Court, Awka following his refusal to give bribe to the new DIG, Force CID and the OC legal.

During proceedings at the Federal High Court, Awka, the Attorney-General of the Federation, through the Director of Public Prosecutions, announced their take-over of the matter. And that is where the matter is now.

Then on May 29, 2009, Innocent Orji, the self-acclaimed General of the kidnap gang, was arrested and taken to Special Anti Robbery Squad, Awkuzu (SARS) where he (Orji) made statement officially to the Police. CLO learnt that Orji’s statement did not indict Chief Ogbuawa in anyway. Later, Anambra state Police Commissioner paraded Orji and the other 18 suspects before the public, including the state Governor, Mr. Peter Obi. It will be recalled that Orji, during the press interview on him, confessed to the public that he kidnapped Ogbuawa and collected N20m from him. Orji, also, said that there was a time one man brought N400, 000.00 to them when they were operating as Movement for the Actualization of Sovereign State of Biafra (MASSOB), and said that the money was given by Ogbuawa but he (Orji) never mentioned the name of that man. Apart from the statement Orji made to the Police and the press interview, there was no other official statement made by him to the knowledge of the public.

Even at that, Chief Ogbuawa denied giving out neither N1million nor N400, 000.00 to anybody for any reason.

What is rather intriguing and shocking is that Innoson is circulating the video tape recording containing Orji’s confession. Part of this confession which, on its face value, seems distorted, was to the effect that Orji confessed that when his gang kidnapped Ogbuawa, he gave them seven names of people to be kidnapped among who was Innocent Chukwuma. This said confession was published in some newspapers and magazines including THEWEEK, The Source, Newswatch, Compass, Champion, Sun and Vanguard among others. CLO notes that the Police did not, in any of its Press briefings or during parade of the suspects before Governor Peter Obi, mention that Orji confessed that Ogbuawa, when his gang kidnapped him, listed seven persons to be kidnapped including Chukwuma.

NOW, THE CURIOUS EVENTS IN THIS CASE:

CLO has closely followed this Innoson, Ogbuawa saga since inception, and wish to point out that a lot has gone wrong in the way and manner this matter has been handled by the Police.

1. First, CLO considers the effect of Document 1 & 2, attached to this petition. “Document 1” is the letter written from Office of the Inspector General of Police and addressed to Dan Mmiriukwu Esq. Counsel to Chief Ogbuawa. The said letter, dated 12th July 2007, was signed by Commissioner of Police, Solomon E. Arase, Principal Staff Officer to the Inspector General of Police. The said letter stated in its’ paragraph 2 and 3, as follows:

Paragraph 2-“Sequel to your petition, an elaborate investigation was conducted. Based on the Police Report, it was deducted that both Chief Pius Ogbuawa and Mr. Innocent Chukwuma have not been the best of friends because of their unhealthy business rivalry. They have on different occasions been victims of kidnapping directly and indirectly and have parted with large sums of money and other valuables to secure release from the kidnappers”.

Paragraph 3 – “It is therefore, evidently clear, unless, fresh facts emerge that Chief Pius Ogbuawa could not be said to have masterminded the kidnap of the two Chinese nationals working for Mr. Innocent Chukwuma”.

From these two paragraphs, it is evidently clear that Chief Ogbuawa was cleared of any complicity in the allegation of master-minding the kidnap of staff of Innocent Chukwuma.

2. Second, CLO considers the effect of “Document 2” attached to this petition. “Document 2” is the Police Interim Investigation Report in respect of the complaint of Chief Innocent Chukwuma, who complained against Police Action in releasing Chief Ogbuawa pursuant to the Inspector General directive as contained in “Document 1”. Based on the petition of Innocent Chukwuma against the Police, the Inspector General directed the Deputy Inspector General (DIG), ‘D’ Department (FCID), to investigate the matter and “Document 2” is the report in respect of the investigation.

It is important to refer to some important findings contained in “Document 2”. I refer you, Sir, to Page 10, paragraph 2, of the said “Document 2” which states as follows:
“Investigation was, also, extended to the State Security Service Headquarters Umuahia, Abia State vide letter reference No. CR: 30000/ABS/A/VOL.2/204 dated 13th August, 2007, from the Commissioner of Police ‘A’ Department Nigeria Police Force, State Headquarters Umuahia titled Investigation Activities. The team was able to engage the full cooperation and assistance of the State Security Service Personel and through them, the personnel of Nigeria Military Intelligence were brought on board and they also gave their full cooperation. Intelligence gathered from these sources based on their earlier arrest of one Dr.Ogbonnaya, led a Joint team of Force CID detectives, MOPOL personnel, State Security Services personnel and the Military Intelligence personnel under the command of CSP Bakari Umar Abdulakarim into Ohafia where the following were arrested:…..”.

We, also, like to refer you to Page 13, Paragraphs ii, iii & v, of the said document under the heading ‘Findings’.
Paragraph ii, - “That Chief Pius Ogbuawa was an innocent victim of the offence of kidnapping and he was forced to pay ransom for his freedom, just like the complainant himself paid the sum of N20 million naira to the kidnappers based on his own admission”.

Paragraph iii, - “That from all enquiries conducted at the highest levels involving all the stake holders and the documentary evidence gathered, the Force CID Abuja and its leadership should be commended for their dedication, sound and moral judgement and a very professional approach to a high profile investigation”.

Paragraph v, - That the complainant has unwittingly fallen victim to discreditable intelligence as a result of informants who are solely motivated by personal greed.

The report in its Conclusion finally recommended as follows: “In view of the above, the complainant should be advised to stop interfering with Police investigation. It is also recommended that the case file be duplicated and forwarded to legal department to charge him for giving false information to the Police and assassination of the characters of the Police authorities and a civil suit for damages”.

One thing that is evidently clear from this report is that an investigation was jointly conducted into this matter by detectives from Force CID, State Security Service personnel, Military Intelligence personnel and MOPOL personnel.

THE GREAT SUMMERSAULT BY THE INSPECTOR GENERAL OF POLICE:

Based on the joint investigation by personnel from almost all the security agencies in the country, one would ordinarily have believed that the truth in respect of the matter has finally been uncovered. Alas, the Inspector General of Police, in his wisdom, discountenanced the joint investigation by Security Forces in the country and, in a bizarre manner, directed that the case file in respect of this matter be transferred to the Commissioner of Police Anambra State for further investigation.

Commissioner of Police Bukar Maina, Commissioner of Police, General Investigation Section, writing on behalf of the Deputy Inspector General of Police ‘D’ Department (FCID), Abuja, in a letter, dated October24, 2007, and addressed to the Commissioner of Police Anambra State stated inter-alia as follows: “Sequel to a letter of request written and addressed to the Inspector General of Police by the CEO of INNOSON NGERIA LIMITED. The Inspector General directed that the case be transferred to you for further investigation.” This letter in question is attached to this petition and marked ‘Document 4’

Based on ‘Document 4’, the matter was then transferred to the Anambra State Police Command, where Amusa Bello the Commissioner of Police Anambra state now led the said investigation into the matter. It should be noted that Amusa Bello was the Deputy Commissioner of Police in Anambra State when this matter 1st started in 2007. It was the same Amusa Bello (then DCP), who warned Ogbuawa that he should provide the two Chinese in less than 24 hours or he will call a press conference of all Nigerians and tell them that he is the brain behind all the kidnapping cases in the country .

It was the same Amusa Bello who ordered the Area Commander, Nnewi to take Ogbuawa to the dreaded Special Anti Robbery Squad (SARS) Cell, Awkuzu where he was detained for 21 days and was not allowed communication with any other person including the members of his family, his Lawyer, traditional rulers, friends and business colleagues. So we wonder how Ogbuawa can obtain justice from this same man who refused to give him fair hearing before he was later transferred to Police Zonal Headquarters, Zone 9, Umuahia, where he was later released.

OUR POSITION / ACTION SOUGHT:

We urge you to, in the interest of justice, intervene in this matter and ensure that justice is done in respect of this matter as the circumstances of this case demands. Our appeal to you is based on these grounds:

1. ‘Document 1’ shows that the Inspector General of Police exculpated Ogbuawa from the commission of any crime whatsoever.

2. ‘Document 2’ shows that an investigation was jointly conducted into this matter by detectives from Force CID, State Security Service personnel, Military Intelligence personnel and MOPOL personnel, why then did the Inspector General Threw the report to the dustbin and transferred the matter back to the State Command where the matter emanated from.

3. From ‘Document 4’ the Inspector General of Police action in transferring the matter back to the State Police Command was anchored on the fact that Mr. Innocent Chukwuma made the request. So one wonders when such procedure started, where after investigation of a high profile case up to the highest level of the Police Force a complainant will still request that the case be transferred back to the lower level where the case started from.

Our main concern is that if this trend is allowed in our criminal justice system that means there will never be an end to Police investigation and this portends danger to our Criminal justice system. The case at hand needs urgent attention more importantly when Investigation report in respect of the case showed that the investigation was carried out jointly by operatives from Force CID, State Security Services personnel, Military Intelligence personnel and MOPOL and yet an Inspector General of Police threw the Report into the dustbin and ordered a Police State Command to start another investigation.

We submit that this type of procedure is not only questionable but must also be condemned in all ramifications. We demand an urgent intervention in this matter and also demands that justice must be ensured in this matter.


For: Civil Liberties Organization


Olu Omotayo Esq.
Zonal Director (South-East Zone)