A senior magistrate court in Funtua, Katsina State has issued a bench warrant for the arrest of two (2) Department of State Services (DSS) officers in the state, Ibrahim Abubakar and Usman Abubakar for assaulting a practising lawyer, Naziru Suleiman.
The court said their arrest warrant was issued due to their absence before the court without satisfactorily excusing themselves, which constitute disrespect to the court and therefore a contempt.
The court order dated 12th of August and signed by Principal Registrar, Shamsu Umar, the magistrate court asked the Commissioner of Police in Katsina to effect the arrest under the provisions of Sections 24 (1) and 30 (f) and 62(1) of ACJL Katsina State.
According to the order, “the Court having heard the Application for the bench warrant against the defendants from the learned counsel to the complainant for the absence of defendants before the court for their trial.
“The Court is of the view that the application is of merit by the following reasons: Firstly, as rightly stated by the learned Counsel for the Complainant, this case is a criminal before the Court and the presence of the defendants is a necessary couple with the fact that the duplicate of the Court summons is signed by one Abubakar Abdullahi of DSS Office Katsina on 5 August 2020.’’
“Also that the Court bailiff have sworn to an Affidavit of Service to the effect of carrying out the service as ordered by the Honourable Court which requests the Director DSS Office in Katsina to serve the defendants who are his personnel serving at Funtua Office for their appearance before this Honourable Court for their trial.’’
“Their absence today before this Honourable court without satisfactorily excusing themselves, Constitute to disrespect to the Honourable Court and therefore a contempt, accordingly bench warrant is hereby issued against the defendants, the arrest warrant shall be issued to Commissioner of Police Katsina State to effect the arrest under the provisions of Sections 24 (1) and 30 (f) and 62(1) of ACJL Katsina State 2019.
“The case is adjourned to 27″ of August 2020 for Mention.”
The arrest warrant was issued following application for a direct criminal complaint of criminal conspiracy 59 (2), assault or criminal force 237, criminal intimidation 373, (a) and use of insulting or abusive language contrary to section 375 and 372 penal code by a team of fifteen (15) lawyers led by Lawal Amah Esq dated 14th July 2020 before the court requesting for a criminal summons against the Defendants.
“Kindly cause a criminal summons to issue against the Defendants on the following terms:
“The Complainant in the course of discharging his constitutional duties. On the 10” July 2020 at about 6:02 pm went to the office of the department of state services (DSS) accompanying his client invited by the department.
“On reaching the department office at Funtua The Complainant was accosted by the Defendants To the extent that the defendant slapped the Complainant and pushed him out of his office, they went on to intimidate and insult the Complainant by uttering the following word:
“Dan ubanka ka fita duk wanda zaka gaya mawa, ka gaya mashi nan ba kotu bace” meaning: “This is not a court of law, go and tell anybody you so wish”.
“Na bugi banza, rubuce-rubuce ne suje suyi, ba abinda zai faru, Meaning:
“I have beaten an idiot and that nothing will happen let them write to anywhere”.
“Your worship it is on this premise we are lodging a Complaint of criminal conspiracy 59 (2) assault or criminal force 237 criminal intimidation 373 (a) and use of insulting or abusive, language contrary to section 375 and 172 Penal Code Law Katsina State 2019”.