A Bauchi High Court on Thursday struck out a criminal case filed by the state government seeking an order to arrest Ahmed Muazu, the former Governor.
Delivering judgment in Bauchi, Justice Kunesa Hamidu, said the ex-parte motion filed by the state government against Muazu lacked merit and therefore, struck out the case.
He said the grant of an order to arrest Muazu was a discretionary power, which ought to be exercised pending the determination of a substantive case before the court.
Hamidu said that in line with the Criminal Procedure Code, to issue an order for the arrest of an accused could only be exercised when the court believed that the accused had absconded or will not obey court summons.
He observed that an affidavit of service tendered as exhibit before the court, which states that ``all efforts made to serve Muazu proved abortive because his security and thugs refused to allow the bailiff to go near him,’’ was contrary to the CPC.
Hamidu said that G.O. Okafor (SAN), Counsel to the state government, failed to refer the court to any provision of the law or judicial precedence which allows such application in criminal matters.
He said that in the present circumstance, the prayer by the state government asking the court to order the arrest of Muazu would affect the interest of the former governor.
The judge recalled that Muazu was charged along with three others but wondered why no mention was made of the other three accused, who were served to appear before the court but failed.
He, therefore, struck out the case and adjourned to Jan. 17, 2011 for hearing of the substantive suit pending before it.
It would be recalled that Muazu was charged to court following the findings of a Judicial Commission of Inquiry constituted by Gov. Isa Yuguda to unearth alleged financial misappropriation against Muazu while in office.
Those charged along with Muazu were Muhammad Hassan, Uba Nana and Aminu Garu, former Local Government Council Chairmen of Katagum, Warji and Bauchi, respectively.
They were charged with conspiracy, theft; criminal breach of trust, criminal mismanagement and deceit contrary to the Penal Code.
They were also alleged to have used their former positions to convert, embezzle and misappropriate funds entrusted under their care by the state government to the tune of N522.3 million.
Delivering judgment in Bauchi, Justice Kunesa Hamidu, said the ex-parte motion filed by the state government against Muazu lacked merit and therefore, struck out the case.
He said the grant of an order to arrest Muazu was a discretionary power, which ought to be exercised pending the determination of a substantive case before the court.
Hamidu said that in line with the Criminal Procedure Code, to issue an order for the arrest of an accused could only be exercised when the court believed that the accused had absconded or will not obey court summons.
He observed that an affidavit of service tendered as exhibit before the court, which states that ``all efforts made to serve Muazu proved abortive because his security and thugs refused to allow the bailiff to go near him,’’ was contrary to the CPC.
Hamidu said that G.O. Okafor (SAN), Counsel to the state government, failed to refer the court to any provision of the law or judicial precedence which allows such application in criminal matters.
He said that in the present circumstance, the prayer by the state government asking the court to order the arrest of Muazu would affect the interest of the former governor.
The judge recalled that Muazu was charged along with three others but wondered why no mention was made of the other three accused, who were served to appear before the court but failed.
He, therefore, struck out the case and adjourned to Jan. 17, 2011 for hearing of the substantive suit pending before it.
It would be recalled that Muazu was charged to court following the findings of a Judicial Commission of Inquiry constituted by Gov. Isa Yuguda to unearth alleged financial misappropriation against Muazu while in office.
Those charged along with Muazu were Muhammad Hassan, Uba Nana and Aminu Garu, former Local Government Council Chairmen of Katagum, Warji and Bauchi, respectively.
They were charged with conspiracy, theft; criminal breach of trust, criminal mismanagement and deceit contrary to the Penal Code.
They were also alleged to have used their former positions to convert, embezzle and misappropriate funds entrusted under their care by the state government to the tune of N522.3 million.
No comments:
Post a Comment