Ex-Minister Uche Nnaji Files Appeal Against Arrest Order Over Certificate Forgery
Uche Nnaji Appeals Arrest Order Over Certificate Forgery

Former Minister of Innovation, Science and Technology, Uche Nnaji, has filed an appeal against a court ruling ordering his arrest over certificate forgery. The appeal, lodged at the Court of Appeal in Abuja on June 18, challenges the ex parte order granted by a Federal High Court in Abuja on June 12, which directed the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to arrest Nnaji for investigation.

The court order also permitted the ICPC to declare Nnaji wanted in national newspapers or on social media. The anti-graft agency had sought the order after Nnaji repeatedly failed to honor invitations for questioning regarding allegations that he forged his University of Nigeria, Nsukka (UNN) degree and National Youth Service Corps (NYSC) certificates.

Background of the Forgery Allegations

The ICPC's investigation stemmed from a Premium Times report in October 2023, which revealed that Nnaji submitted forged UNN and NYSC certificates to President Bola Tinubu and the Senate during his ministerial confirmation in 2023. Following the report, Nnaji resigned as minister three days later.

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In March 2024, an investigative panel set up by the Minister of Education, Tunji Alausa, confirmed that Nnaji's certificates were forged. The UNN registrar stated that Nnaji was admitted in 1981 but never graduated, while the NYSC disowned his discharge certificate.

Nnaji's Denials and Appeal Grounds

Nnaji initially denied the existence of the arrest order, calling the Premium Times report a "media trial." In a statement on June 13, his spokesperson Robert Ngwu said, "We wish to state unequivocally that Chief Nnaji is not in hiding and has never evaded any law enforcement agency." However, documents obtained by Premium Times showed that Nnaji ignored multiple ICPC invitations.

In his appeal, Nnaji raised four grounds. First, he argued that the Federal High Court lacked jurisdiction to issue the orders. Second, he contended that the court violated Section 84 of the Evidence Act 2011 by admitting computer-generated evidence—specifically, screenshots of WhatsApp chats and emails used to show that the ICPC sent him invitations. Section 84(2) requires that a computer producing evidence must be operating properly, and Section 84(4) mandates a certificate of compliance. Nnaji argued that no such certificate was provided.

Third, Nnaji claimed the court relied on unsubstantiated facts, noting that there was no proof that the phone numbers and email addresses used by the ICPC belonged to him. Fourth, he argued that the ICPC misrepresented facts by claiming he received the invitation, when he never replied to the messages.

Prayers and Political Context

Nnaji asked the Court of Appeal to vacate the arrest order and strike out the ICPC's suit. He also filed a motion at the Federal High Court seeking a stay of execution of the arrest order, arguing that his arrest would disrupt his campaign activities as the governorship candidate of the Peoples Democratic Party (PDP) in Enugu State for the 2027 election. He stated that the arrest "will operate to keep the applicant out of circulation, thus, depriving him of the opportunity to continue with his campaign activities."

Nnaji, who was backed by Nyesom Wike, moved from the All Progressives Congress (APC) to the PDP after losing the 2023 governorship election. Premium Times reported that Nnaji sought immunity from prosecution by becoming governor.

Reactions and Legal Proceedings

Nnaji's appeal was filed through Adoga Moses, a litigation clerk in the law firm of his lead counsel, Wole Olanipekun, SAN. The former minister had earlier filed a suit to block UNN from releasing his academic records, but the university's vice-chancellor confirmed the forgery under the Freedom of Information Act.

Many Nigerians, including legal practitioner Liborous Oshoma, have called for Nnaji's prosecution, stating that he "should be prosecuted and banned from holding public office to serve as a deterrent to others." The appeal is pending before the Court of Appeal.

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