A suspect wants Judge,Registrar to testify in Court as witnesses in contempt trial
A petroleum marketer, Murtala Musa facing contempt of court and other criminal charges at the Chief Magistrate Court II Minna has applied for a subpoena of the Magistrate compelling the appearance of a Judge of the state high court 3, Justice Mariya Mummy Ismail and the Registrar of the court to testify as witnesses, provide four essential evidence documents for the commencement of hearing on the matter.
Musa who was Thursday arraigned on 3 counts charges of contempt of court, criminal intimidation, resisting arrest and assault contrary to section 397,152,171 and 265 of the penal code law, applied for the subpoena on the judicial officers through his counsel, Barrister D T Tahimber citing section 84(2) of the evidence act 2011 as amended.
Tahimber argued that having assumed jurisdiction to entertain the case of contempt allegedly committed at the high court 3, the Magistrate, Fati Umar Hassan has the inherent powers to make available to the accused all documents necessary for his defense in the case at the commencement of hearing.
The defence counsel explained that it is vital and competent for the high court Judge to appear before the magistrate court and for her court registrar to produce records of proceedings of the suit NSHC/266/2016 duly signed by Justice Mariya Mummy Ismail of high court 3 dated 22/4/2024.
Barrister Tahimber also demanded for the Magistrate Court to make available to the accused the CCTV camera footage of the proceedings of 22/4/2024 of High Court 3, names and posting letters containing the duties of the orderly and chief detail assigned to Justice Mariya by the police and the cause list of the high court 3 on 22/4/2024.
He said, ” I also apply for the Judge of the high court 3, Justice Mariya Mummy Ismail to come and testify for us as a witness to tell the Magistrate what actually transpired particularly when she has to order that water should be given to the defendant during the sitting of 22/4/2024″.
When the Magistrate asked the police prosecutor Sgt Jacob Lohfe to respond to the application of the defendant counsel, she answered with a short sentence, “the ones we lay our hands on would be provided before the hearing of the case”.
However, Magistrate Fati Umar Hassan adjourned ruling on the application for subpoena on the judicial officers to July 16, 2024. She also adjourned ruling on the bail application for the accused moved by the defence counsel to July 16, 2024 and ordered the remand of the accused in correctional custody.
