Niger CJ Ordered the arrest of a prosecutor over incarceration of suspect without order from the Magistrate.
The Chief Judge of Niger state, Justice Halima Ibrahim Abdulmalik in her continuation of Prison visit to Suleja correctional center has ordered the arrest and removal of a police prosecutor from Magistrate Court in Izom Gurara local government area of Niger state for unlawful incarceration of an accused person, Sulaiman Musa at the Suleja Correctional centre on a First Information Report (FIR) unknown by the presiding Magistrate.
Justice Halima Abdulmalik , while examining cases of awaiting trial inmates discovered that the FIR based on which an accused was detained was not signed by the presiding Magistrate .
Further investigation by the Chief Judge on the issue revealed that the Presiding Magistrate has never arraigned the man in her court while the remand warrant was believed to have been forged.
The presiding Magistrate of Izom Magistrate court , in a defence, told the CJ that she has never seen the accused in her court before, adding that, ” I have not also seen this FIR. I did not sign it, I am not aware of it”.
Justice Halima Abdulmalik thereafter asked the police prosecutor, Inspector Mohammed of the Magistrate Court to explain how the FIR was executed to detain the suspect for months at the Suleja Correctional custody.
The prosecuting policeman was unable to give satisfactory explanation on the FIR saying that he could not identify the signature of the presiding magistrate, and this complicated his issue.
Narrating his ordeal, the affected suspect, Sulaiman Musa said he was arrested by the police along with some friends two months ago and dumped at the Correctional centre without taken to court, adding that, “all my friends have been granted bail by the court but I have not been taken to court”.
The Chief Judge expressed serious concern over the use of the apparent fake First Information Report by the police to incarcerate innocent people , describing the action as infringement on the fundamental rights of individuals which she said, is unacceptable.
She ordered the arrest of the police prosecutor and directed the second in command of the Police Legal Department, Abdullahi Maiyaki to immediately redeploy the erring prosecutor from court appearances.
Nigeria Daily Post learnt that the arrest order of the Chief Judge on the police prosecutor was immediately effected by his superior officer and taken to Police Headquarters Minna where police hierarchy is investigating the matter
Subsequently nine inmates were discharged who have few months to complete their jail term and six inmates on rape cases were sent back to correctional center to continue their jail term.
