CJN Ariwoola petitioned to call the presiding magistrate of Gombe

In a petition written by CR Ayuba & Co Solicitors against Aliyu Abubakar of Chief Magistrate Court 11, TUMFURE, Gombe State, they alleged misuse of office, willful abdication of duties and diminishing public confidence in the judiciary against the legal officer.

The petition signed by A Rabiu Esq contained the following: “We are acting as attorneys for Ahmed Mandi Abubakar (hereinafter referred to as “the petitioner cum” our clients”) and on whose behalf and specific instructions we are writing this petition.”

Giving the background to the petition, the lawyers wrote: “Our client’s instructions, supported by facts made available to us, revealed that on January 16, 2023, our client was arrested and detained at the Gombe Police Command’s Investigation Department under orders of the Gombe State Governor, Alh Inuwa Yahaya for allegedly damaging lies against the said governor.”

It further stated that, “Before his arrest, our client had so far given a radio interview on a local radio station in Gombe State known as Jewel FM in which he freely expressed his views on the state of affairs and the award of contracts for the construction of the Gombe State Government House Fence, which the governor of the state found offensive and ordered his arrest.

According to the lawyers: “While in custody, our client was denied administrative bail even though the alleged crime for which he was under investigation is normally bail. Our client was subsequently charged on January 20, 2023 before the Chief Magistrate Court 11, Tumfure Gombe State, presided over by Aliyu Abubakar (Chief Magistrate Court 11, Tumfure) against whom this petition has now been filed.”

The petition further stated that, “The first information report calling on our client to take his plea read as follows: Dat u Ahmed Mandi Abubakar M’ 48 Years of Jeka da Fari Quarters Gombe State on 1/11/2023 at approximately 5:30 pm o’clock you called Yakubu Habili M’ of Jekadafari Quarters, a staff of Jewel FM radio station Gombe, where you made a false statement against the governor and government of Gombe through Jewel FM radio station Gombe. You have thereby committed an offense that is in violation of Article 393 of the Penal Code and is punishable under the same law.”

“Our client pleaded not guilty to the charge and a bail application was filed on his behalf, but the said application was rejected as the case has a political slant and thus bail should be denied,” it added.

According to the lawyers, “Notwithstanding the fact that the charged offense is normally bail as provided by Section 182 of the Gombe State Administration of Criminal Justice Law 2020, the court has postponed the ruling on the application for bail until 27/1/ 2023.”

“On 1/27/23, when the case was due to go to trial, the Chairman of the Magistrate and all the staff of the Court Registry were absent and the defendant, our client, was not even taken out of the Gombe Medium. Security Correctional Center where he has been on remand since 1/20/23, which is a clear indication of willful injustice to ensure his continued remand at the correctional center,” the lawyers claimed.

The Solicitors added that “the defendant’s counsel and his team along with his associates and friends who came to court that day, including members of the press, waited from 9am to 5pm but in vain as neither the Hon Magistrate , nor any staff of the court registry were available to provide explanations.”

“Sir, this action by the President of the Magistrate and the staff of the court clerk by the absence of the court and the defendant’s failure to appear on a day when the case is to be heard for a verdict on the bail application leads to only one conclusion, a willful conniving to ensure continued incarceration of our client to satisfy the nominal prosecutor, Governor Inuwa Yahaya, as it has already been stated by the prosecutor while making arguments against the bail application that the bail is denied , as the case has the political leanings,” the Attorneys claimed.

The lawyers further stated in the petition: “More so, my lord, Aliyu Abubakar (Chief Magistrate Court 11, Tumfure) is now notorious and known as the judge hearing cases bordering on freedom of expression in which citizens who exercise their right to freedom of expression are then charged and detained for months and even when their applications are later granted, the conditions for bail are usually so strict that it is practically impossible to comply.”

The legal practitioners added: “It is also not surprising that our client may have the same belief in this unless Aliyu Abubakar (Chief Judge 11, Tumfure) is called to order.”

“Your Honor, it is clear from the deed and actions of Aliyu Abubakar (Chief Magistrate 11 Tumfure), that the judiciary is seen as the last hope of a common man, seen more or less as the thorns that destroy the peace and freedom of an ordinary man,” the petition continued.

According to the petition, “The schemes and arbitrary use of judicial power by Aliyu Abubakar (Chief Magistrate Court 11 Tumfure) to frustrate our client and cause grave trepidation are inexplicable and unjustifiable.”

“It is therefore on the above premise that we, in the utmost knee bend, humbly request your immediate intervention and inquiry into the issues raised herein, and investigate the activities of Aliyu Abubakar (Chief Judge 11 Tumfure) to disallow him. or continue to drag the judicial arm of the government into the mud,” the lawyers demand.

The petitioners stressed that,” said Aliyu Abubakar (Chief Magistrate Court 11 Tumfure) must be called to order.

We are eternally grateful in anticipation of my Lord’s prompt and favorable consideration as we continue to pray that God Almighty will continue to grant my lord the wisdom of heaven to carry out your duties.

The petition was copied to Gombe State Chief Justice, Chairman of the Judicial Service Commission

state Gombe; The Inspector General of Police, Nigerian Police Headquarters; The Director General

Department of State Services and the Economic & Financial Crimes Commission Chairman, as well as the National Human Rights Office.