An Upper Area Court II sitting in Yola, Adamawa state on Wednesday issued a bench warrant for immediate arrest of the Executive Chairman Demsa Local Government Council, Chief Elkanah Kados Fwah, over #4.2 million debt.
To successfully effect the arrest, the Court presided by Honourable Daniel John, however ordered the Commissioner of Police, CP Aliyu Alhaji, to apprehend the Chairman wherever he may be found in compliance with section 41(1) Adamawa Criminal Justice Law.
The Chairman was said to have been served with the court process on the 1st March, 2021 to appear before it on the 3rd March, 2021, but could not honour the process and appear before it as served.
It all began with a direct criminal complaint by Abubakar Abdullahi brought pursuant to section 111 of the Adamawa State Administration of Criminal Justice Law against the LGC.
Abdullahi told the court that he was engaged by the erstwhile Chairman of the LGC, Eldon Danjuma, to construct a block of 2 classrooms and an office at the sum of #4.2million at Kphasam in the LGA.
The complainant said that he secured the contract through the Ministry of Local Government and Chieftaincy Affairs sometimes in November, 2019, with an agreement that the contract sum will be paid to him at the end of November, 2019 by the council.
He narrated that he borrowed money and successfully executed the contract as agreed with expectation that he will get his money at the end of the month, but to his dismay, the ex-Chairman failed to honour the agreement.
He averred that he was reliably informed that the money was paid, but the Chairman refused to pay him.
According to him, in spite of the effort of the Member representing Demsa constituency, Hon. Kate Raymond Mamuno, who personally intervened where she wrote an undertaken for and on behalf of the Chairman on the 18th November, 2021 that the money will be paid, saying that the still failed to so do.
The act and conduct of the LGC Boss, according to the complainant, amount to breach of trust, cheating, criminal misappropriation and contempt of court under sections 302, 312, 101 and 299 of the penal code law, 2018.
In its ruling, the court presided by Daniel John, issued the bench warrant for the immediate arrest of the Chairman and adjourned the matter to 5th March, 2021 for further mention.
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