Court Orders The Arrest of Adamawa LGA Chairman over N4.2m debt

The court, presided over by Daniel John, issued a bench warrant for the Chairman's immediate arrest and adjourned the case to March 5, 2021 for further consideration.
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Chief Elkanah Kados Fwah

On Wednesday, an Upper Area Court II in Yola, Adamawa state, presided over by Justice Daniel John, released a bench warrant for the arrest of Chief Elkanah Kados Fwah, the Executive Chairman of the Demsa Local Government Council, over an N4.2 million debt.

Justice Daniel John, in his decision, ordered the commissioner of police, CP Aliyu Alhaji, to arrest the chairman with immediate effect for failing to respond to the court summons in accordance with section 41(1) of the Adamawa Criminal Justice Law.

The Chairman was supposed to have been presented with court papers on March 1, 2021, and was supposed to appear in court on March 3, 2021, but he was unable to do so.

According to reports, the court process was sparked by a direct criminal complaint filed against the chairman by one Abubakar Abdullahi under section 111 of the Adamawa State Administration of Criminal Justice Law.

Abdullahi told the court that he was hired by Eldon Danjuma, the former Chairman of the Demsa Local Government, to construct a block of two classrooms and an office for N4.2 million in the Kphasam ward of the local government.

According to the claimant, he obtained the contract through the Ministry of Local Government and Chieftaincy Affairs sometime in November 2019, with the understanding that the contract amount will be paid to him by the council at the end of November 2019.

He explained that he borrowed money and successfully completed the contract as negotiated, expecting to receive his money at the end of the month, but that the ex-Chairman refused to honor the deal, much to his disappointment.

He said that he had been reliably told that the money had been paid to the current chairman, but that he had declined to pay him.

Despite the efforts of Hon. Kate Raymond Mamuno, Member of Parliament for Demsa Constituency, who personally interfered with an undertaking on behalf of the local government boss on November 18, 2020, the chairman declined to make the payment, according to him.

According to the claimant, the Fwa's behavior and conduct constituted a breach of confidence, theft, criminal misappropriation, and contempt of court in violation of sections 302, 312, 101, and 299 of the penal code law of 2018.

The court, presided over by Daniel John, issued a bench warrant for the Chairman's immediate arrest and adjourned the case to March 5, 2021 for further consideration.