Justice Kunaza Hamidu of the Bauchi High Court has quashed a suit filed by the state government for the arrest of former Governor Ahmed Muazu.
Delivering judgment in Bauchi on Friday, Hamidu said the ex-parte motion filed by the government against Muazu lacked merit and struck out the case.
He said that granting an order to arrest Muazu ought to be exercised in a substantive case before the court.
Hamidu averred that the Criminal Procedure Code stipulates that the arrest of an accused person could only be exercised when the court believed that the accused had absconded or would not obey court summons.
He said an affidavit of service tendered as exhibit before the court which states that ``all efforts made to serve Mauza proved abortive because his security personnel and thugs refused to allow the bailiff to go near him,’’ was contrary to the code.
Hamidu stressed that G.O. Okafor , the counsel to the state government, failed to refer the court to any provision of the law or judicial precedence which allowed such application in a criminal matter.
He said in the present circumstance, the prayer by the state government asking the court to order for the arrest of Muazu would affect the interest of Muazu.
The judge recalled that Muazu was charged with three others but wondered why no mention was made of the other three accused persons who were served to appear before the court but failed.
He struck out the case and adjourned hearing on the substantive suit pending before it to Jan. 17.
Muazu was charged to court following the findings of a judicial commission of inquiry constituted by Gov. Isa Yuguda to probe alleged financial misappropriation by Muazu while in office.
Those charged with Muazu are Muhammad Hassan, Uba Nana and Aminu Garu, former chairmen of Katagum, Warji and Bauchi local government councils.
They were accused of conspiracy, theft, criminal breach of trust, criminal mismanagement and deceit, contrary to the penal code.
They were alleged to have used their offices to convert, embezzle and misappropriated funds entrusted under their care by the state government to the tune of N522.32 million.
Delivering judgment in Bauchi on Friday, Hamidu said the ex-parte motion filed by the government against Muazu lacked merit and struck out the case.
He said that granting an order to arrest Muazu ought to be exercised in a substantive case before the court.
Hamidu averred that the Criminal Procedure Code stipulates that the arrest of an accused person could only be exercised when the court believed that the accused had absconded or would not obey court summons.
He said an affidavit of service tendered as exhibit before the court which states that ``all efforts made to serve Mauza proved abortive because his security personnel and thugs refused to allow the bailiff to go near him,’’ was contrary to the code.
Hamidu stressed that G.O. Okafor , the counsel to the state government, failed to refer the court to any provision of the law or judicial precedence which allowed such application in a criminal matter.
He said in the present circumstance, the prayer by the state government asking the court to order for the arrest of Muazu would affect the interest of Muazu.
The judge recalled that Muazu was charged with three others but wondered why no mention was made of the other three accused persons who were served to appear before the court but failed.
He struck out the case and adjourned hearing on the substantive suit pending before it to Jan. 17.
Muazu was charged to court following the findings of a judicial commission of inquiry constituted by Gov. Isa Yuguda to probe alleged financial misappropriation by Muazu while in office.
Those charged with Muazu are Muhammad Hassan, Uba Nana and Aminu Garu, former chairmen of Katagum, Warji and Bauchi local government councils.
They were accused of conspiracy, theft, criminal breach of trust, criminal mismanagement and deceit, contrary to the penal code.
They were alleged to have used their offices to convert, embezzle and misappropriated funds entrusted under their care by the state government to the tune of N522.32 million.
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