Enenche Enenche and Abraham Daniel have filed a petition against Chief Magistrate Emmanuel A. Iyanna of Wuse Zone 6, Abuja, before the Federal Capital Territory (FCT) Judicial Service Committee.
They accused Iyanna of abuse of power, disregard for legal procedures, corruption, and improper issuance of remand orders.
Enenche is the brother of Dunamis Church Senior Pastor Paul Enenche, while Daniel is the former church pastor.
In their petition, Enenche and Daniel highlighted a remand order issued by Magistrate Iyanna, which directed that they, along with two others — Peter Obonyilo Enenche and Reno Omokri — be held in custody pending investigation and prosecution.
The remand order stated: “An order of this Honourable Court for remand warrant of the Respondents — (i) Mr. Daniel Abraham, (ii) Mr. Enenche Idoga Alexander, (iii) Mr. Peter Obonyilo Enenche, and (iv) Mr. Reno Omokri — in the custody of the Nigeria Correctional Service pending investigation, arraignment, and prosecution.
“It is hereby ordered that the Respondents be arraigned before a court of competent jurisdiction after the conclusion of the said investigation.
“The matter is adjourned to the 30th of January, 2025.”
Alleged Irregularities
The petitioners argued that the remand order was unlawful because it was issued pending investigation, which they claimed violated established legal procedures.
According to them, even an arrest before the investigation is illegal, making a remand before the investigation even more unlawful. They also noted that the order did not specify a fixed period, as required by law, but left the duration open-ended.
They cited Sections 293 and 296 of the Administration of Criminal Justice Act (ACJA), 2015, which limit remand orders to a maximum of 14 days. Section 296 states that “the order shall be for a period not exceeding fourteen days, and the case shall be returnable within the same period.”
They argued that the remand from January 13 to January 30, 2025, exceeded the statutory period.
The petitioners claimed the case file was not forwarded to the Chief Judge within 14 days, as required by Order 4, Rule 3 of the ACJA Practice Direction.
The rule states that where a magistrate issues a remand order, the case file must be forwarded to the Chief Judge through the Chief Registrar within 14 days.
Controversial Bail Conditions
The petitioners also complained about the bail conditions set by Magistrate Iyanna. Although their bail application was unopposed, the conditions were described as “ridiculous, excessive, oppressive, and vindictive.”
One of the conditions was securing a guarantor who is a grade-level 15 civil servant. They claimed they had to spend over ₦500,000 to perfect the bail terms, including payments processed through a POS machine stationed within the court premises.
Past Controversies
Enenche and Daniel alleged that Magistrate Iyanna had a history of controversial orders, including a widely criticised ex parte order involving the residence of retired Supreme Court Justice Mary Odili.
While they chose not to dwell on past incidents, they called for a thorough investigation into Magistrate Iyanna’s actions and appropriate disciplinary measures if he is found guilty.
The petitioners warned that unless urgent action is taken to address these alleged irregularities and the imposition of exploitative bail conditions, Magistrate Iyanna’s conduct could undermine the judiciary’s credibility.