A mild incident unfolded in a court in Niger State when a defendant requested the trial judge and court registrar to serve as witnesses.
The defendant, Murtala Musa, a petroleum vendor, who is currently on trial at Chief Magistrate Court 2 in Minna, made an application for a subpoena of the Magistrate to compel Justice Mariya Ismail from State High Court 3 and the Registrar to testify as witnesses.
Musa also asked the judicial officials to provide the court with four crucial documents as evidence for the hearing on the case to begin.
The defendant faced charges of contempt of court, criminal intimidation, resisting arrest, and assault, which are violations of sections 397, 152, 171, and 265 of the penal code law.
Musa, represented by D. Tahimber, sought the subpoena for the judicial officers, citing section 84(2) of the Evidence Act 2011 to strengthen his argument.
Tehimber argued that since the Magistrate, Fati Umar Hassan, had taken on the case of contempt allegedly committed at High Court 3, she had the authority to provide the accused with all necessary documents for his defense.
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.”
Moreover, the defendant’s lawyer requested Justice Mariya Mummy Ismail from High Court 3 to testify as a witness and shed light on what occurred, especially when she ordered that the defendant be given water during the hearing on 22/4/2024.
After considering the application for a subpoena on the judicial officers, Magistrate Fati Umar Hassan adjourned the case until July 16, 2024.
Hassan also postponed the ruling on the defendant’s bail application, presented by his lawyer, to July 16, 2024, and ordered that he be kept in a correctional facility.
