“Court Ordered His Arrest” — Ex-Minister Uche Nnaji Arrested At Abuja Airport, To Be Handed Over To ICPC Over Alleged Certificate Forgery

The recent arrest of former Minister of Science and Technology, Uche Nnaji, at the Nnamdi Azikiwe International Airport, Abuja, on allegations of academic and National Youth Service Corps (NYSC) certificate forgery, highlights Nigeria's ongoing struggle with public accountability and integrity. This development underscores the Independent Corrupt Practices and Other Related Offences Commission's (ICPC) mandate to investigate and prosecute corrupt practices, including document forgery, which remains a serious criminal offence under Nigerian law. The case is a stark reminder to public office holders and aspirants of the severe legal consequences, including imprisonment and disqualification, for presenting fraudulent credentials, despite recent amendments to the Electoral Act that have shifted the handling of such issues in election petitions.

The integrity of public office in Nigeria has once again been brought under scrutiny with the recent arrest of the immediate past Minister of Science and Technology, Uche Nnaji. Mr. Nnaji was reportedly apprehended at the Nnamdi Azikiwe International Airport, Abuja, following a court order related to allegations of forging his academic and National Youth Service Corps (NYSC) certificates. This high-profile arrest signals a renewed focus by anti-graft agencies on ensuring accountability among public officials and reinforces the gravity with which certificate forgery is viewed within the Nigerian legal framework.

Certificate forgery in Nigeria is a serious criminal offence with significant implications, particularly for individuals seeking or holding public office. The legal framework governing such offences is primarily found in the Criminal Code Act, applicable in Southern Nigeria, and the Penal Code Act, which applies in the Northern parts of the country. These statutes broadly define forgery as the act of making a false document with the intent that it may be acted upon as genuine to the prejudice of any person or with the intent to induce a person to act or refrain from acting in the belief that it is genuine. Beyond these general provisions, specific legislation like the National Youth Service Corps Act also criminalises the forgery of its certificates, prescribing penalties that include imprisonment and fines. The Independent Corrupt Practices and Other Related Offences Commission (ICPC), established by the Corrupt Practices and Other Related Offences Act 2000, is one of Nigeria's primary anti-corruption agencies. Its mandate includes receiving and investigating complaints of corrupt practices, prosecuting offenders, and examining systems in public bodies that may facilitate corruption. Officers of the ICPC are vested with powers and immunities akin to those of police officers when carrying out their investigative and prosecutorial duties. The Commission has a track record of prosecuting individuals for certificate forgery, underscoring its commitment to upholding integrity in public service.

The allegations against former Minister Uche Nnaji fall squarely within the purview of criminal forgery under Nigerian law. Under Section 465 of the Criminal Code Act, a person who knowingly makes a false document or writing with intent that it may be used or acted upon as genuine to the prejudice of any person commits forgery. The general penalty for forgery under Section 467 of the Criminal Code Act is imprisonment for up to three years, though this can escalate to life imprisonment if the forgery involves a public seal. Similarly, Section 362(a) of the Penal Code Act defines making a false document, with Section 364 stipulating a punishment of up to fourteen years imprisonment, a fine, or both, for committing forgery. The act of dishonestly using a forged document is also punishable in the same manner as forging it. In the context of public office, the presentation of forged academic or NYSC certificates is not merely an administrative infraction but a criminal offence that can lead to immediate disqualification and prosecution. The NYSC Act, specifically Section 13(3) and (4), prescribes a three-year jail term or a fine for contravening its provisions, including giving false information or illegally obtaining certificates. The ICPC's involvement, stemming from a court-ordered arrest, signifies that a prima facie case of forgery has likely been established to warrant judicial intervention. The Commission's powers under the Corrupt Practices and Other Related Offences Act 2000 enable it to investigate such reports and, where appropriate, prosecute offenders. While recent amendments to the Electoral Act 2026 have removed certificate forgery as a direct ground for challenging election petitions, shifting it to pre-election matters, it remains a serious criminal offense under the general criminal statutes. This distinction is crucial for practitioners, as a successful criminal prosecution for forgery can still lead to the removal or disqualification of a public officer, irrespective of electoral petition outcomes. The burden of proof for forgery, being a criminal allegation, rests on the prosecution to prove beyond a reasonable doubt.

The arrest of former Minister Uche Nnaji serves as a potent reminder of the legal perils associated with certificate forgery, particularly for those in public service. It reinforces the commitment of anti-graft agencies like the ICPC to uphold integrity and accountability in governance. For legal practitioners, this case highlights the enduring relevance of criminal statutes on forgery, notwithstanding recent changes in electoral law that may limit the direct challenge of certificate forgery in post-election petitions. The criminal nature of the offence means that individuals found culpable face significant penalties, including lengthy imprisonment and disqualification from public office. As this case progresses, practitioners should closely monitor the investigative and prosecutorial steps taken by the ICPC, as it will undoubtedly provide further clarity on the enforcement of anti-forgery laws and their implications for public officials in Nigeria. The emphasis on due diligence in verifying credentials, both by individuals and institutions, remains paramount to prevent such occurrences and safeguard the sanctity of public service.