Contempt of court: Minna Magistrate court reserves ruling till 11 july 2024 over jurisdiction
FROM NASEER BABA-NASEER, MINNA.
A mild drama occured in Minna, the Niger State capital, when four Magistrate courts rejected the Prosecution of a Minna based petroleum Marketer Alhaji Muritala Musa Ilori in their court.
Alhaji Muritala who is the managing director and Chief executive officer of MUREEPET Oil and Energy was petitioned by Justice Mariya Mummy Ismaila of the Minna High Court number three for alledged contempt and intimidation before the GRA Divisional Police Command.
Upon the receipt of the petition forwarded to the police in GRA by a clerk of the Minna High court number three Shitu Tahiru commenced their Investigation after which they filed four count charges on the Petroleum marketer before the Chief Magistrate court number one who now Transferred the case to another Magistrate court.
The Magistrate then declined to preside over the case without any reason and the case was brought back to the earlier court that referred the case.
Not done the same case was taken to the Minna Chief Magistrate court Number two who also refused to preside over the case on health ground.
At this point the case again was taken back to the Chief Magistrate court Number One that earlier referred the case to the two earlier courts.
Not untill the Deputy chief Registrar in-charge of Magistrates (DCR) in the Niger State Judiciary, Alhaji Hassan Mohammed directed that a detention warrant should be sign for the detention of the petroleum Marketer at the GRA police station to be arraign in another court by Tuesday.
He was now arraigned on four count charges before the Minna Chief Magistrate court Number two along David Mark Road,Tunga Minna
According to the police first Information Report (FIR) marked, MN/CMC/CR/78/2024 made available in court and obtained by our reporter, the four count charges bothered on Criminal intimidation,,contempt of court, resisting arrest and assault.
The four count charges, according to the police Prosecutor Inspector, Loffeh Jacob,(Mrs) contravened section 397,152,171 and 265 of the penal code law.
When the four charges were read to him by the Presiding Chief Magistrate Hajiya Fati Umar Hassan, he pleaded not guilty to the charges.
However, another round of drama engulfed the court when his counsel Barrister Denis Terhemba, requested the court through an oral application that the court should declined Jurisdiction of Presiding over the matter.
” My Lord I want to submit that one of the charges in the police information Report is not triable by your court.also, I want to submit that the defendant in this case was not even given the charges or was he even told of the charges against him by the police.
” My Lord, according to the Administration of Criminal Justice (ACJA), an accused should be given his case files and the charges against him before the defendant is taken to court.
” I will submit further, that one of the charge in the FIR,which is contempt of court, is to be try in the court where the contempt was commited. This is my humble submission” he told the court.
While objecting to the oral application of the deffence counsel, the police Prosecutor Inspector Loffeh Jacob told the court to struck out the application ” this court has the Jurisdiction to hear and try this case. I’m objecting to the application of the counsel”
The Presiding Chief Magistrate Hajiya Fati Umar Hassan then adjougned the case to Eleven of July for the rulling on the application and ordered for the detention of the defendant at the GRA Divisional Police command.
