Hajiya Ummulkhatum Mohammed of Minna Chief Magistrate court Number One,has ordered the police Prosecutor to expedite action in furnishing her court with the necessary documents for the prosecution of the deposed Amana Kakanda of Muye Alhaji Muhammad Abdulkadir Maigari.
This followed the submission of the Prosecutor Inspector Bello Mohammed, requesting for the adjournment of the case of inciting disturbance brought against the deposed Monarch by the police that the court should allow the police to submit the documents for the diligence Prosecution of the case.
The Prosecutor told the court at the Wednesday resumend sitting of the case that the Investigation Police Officer (IPO) handling the case has traveled to Kebbi State on an official engagement requesting the court to grant him a new date for him to bring the needed documents.
He further told the court that " having gone through the case file, I discovered that there are something that needed to be done in the case file by the Investigatng police officers. (IPO).
" I brought it to the notice of the court I called on the IPO before the court handled over the case file to the IPO to enable him comply with the laws as required by the administration of Criminal Justice law ( ACJA).2023" he told the court.
He then applied for a new date to enable the police to file prove of evidence for the commencement of hearing into the case.
In his own submission, the defense counsel to the deposed Amana Kakanda, Barrister Musa Mohammed Kudu objected to the request of the police Prosecutor on the ground that the Prosecutor is aware of the provision of Section 179 of the ACJA that the case has exceeded the required numbers of days as to the commencement of hearing in to the matter.
He told the court that with all indications, the police Prosecutor is not ready to continue the prosecution of the case " because they keep giving similar excuses for the past 100 days which is against the provision of the Administration of Criminal Justice law of Niger state.
" My Lord I vehemently objected to the prayer of the Prosecutor concerning the adjougnment to enable the IPO furnish the court with the necessary documents for the commencement of the hearing.
"Even the earlier excuses given by the prosecutor concerning the same issue he raised as regard to the delay in bringing the documenl by the IPO is laughable.
" My Lord, I want to submit that the court should terminate the First Information Report (FIR) and struck out the case for lack of diligence Prosecution by the police. That is my submission" he told the court.
In her rulling, the Presiding Chief Magistrate Hajiya Ummulkhatum Mohammed,alligh her self with the submission of the deffence counsel that the police has every reason to make available the necessary documents towards the speedy dispensation of this case in the interest of justice.
" Justice is three way traffic. Justice for the deffendant, justice for the complainants and justice for the society, in the interest of justice, I will direct the Prosecutor to prevail on the IPO to produce the necessary documents for the prosecution of the case in the next adjougned date.
" If the by the next adjougned date the needed evidences and documents is not produce I Will then struck out the case and discharge the complaint" She held.
The chief Magistrate then adjougned the case till 1st July 2024 for commencement of hearing
