A mild drama occurred in a Niger State Court when a suspect requested the trial judge and the court registrar to stand as his witnesses.
The suspect, Murtala Musa, a petroleum marketer, standing trial at the Chief Magistrate Court 2, Minna, had applied for subpoena of the Magistrate compelling the Judge of the state high court 3, Justice Mariya Ismail and the Registrar of the court to give testimony as witnesses.
Musa also requested the judicial officers to furnish the court with four essential evidence documents for the commencement of a hearing on the matter.
The suspect was arraigned on a three count charge of contempt of court, criminal intimidation, resisting arrest and assault. The offences are contrary to sections 397, 152, 171, and 265 of the penal code law.
Musa, through his counsel, D Tahimber applied for the subpoena on the judicial officers citing section 84(2) of the Evidence Act 2011 as amended to support his case.
Tehimber posited 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 defence.
According to him, “It is vital and competent for the High Court Judge to appear before the magistrate’s 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.
“We are also demanding that the Magistrate’s Court 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.”
Furthermore, the counsel to the defendant applied for the Judge of the High Court 3, Justice Mariya Mummy Ismail to come and testify as a witness to tell the Magistrate what actually transpired especially when she had to order that water should be given to the defendant during the sitting on 22/4/2024.
Giving her ruling on the application for a subpoena on the judicial officers, the presiding Magistrate Fati Umar Hassan adjourned the case to July 16, 2024.
Hassan also adjourned the ruling on the bail application for the defendant moved by his counsel to July 16, 2024, while ordering him to be remanded in a correctional custody.
