Attempt to force Maryam Abacha to appear in court fails

The appellant had approached the court through his counsel, Barrister Abubakar Muhammad, asking the court to set aside a ruling of Chief Magistrate Aminu Abba Kabara of the Chief Magistrate Court 7, delivered on October 9, 2009, which held that the absence of the complainant could not warrant the discharge of the accused persons. The […]

The appellant had approached the court through his counsel, Barrister Abubakar Muhammad, asking the court to set aside a ruling of Chief Magistrate Aminu Abba Kabara of the Chief Magistrate Court 7, delivered on October 9, 2009, which held that the absence of the complainant could not warrant the discharge of the accused persons.

The appellant declared that “the verdict is unreasonable and cannot be supported having regards to the evidence.” He also claimed that the “Magistrate erred in law when he refused to exercise his discretion judicially and judiciously,” to order the complainant to appear before him and equally erred in law, “when he substituted his assumption with the position of the law, thereby dragging himself into the arena and thereby occasioning a miscarriage of justice.” He therefore sought an order setting aside the ruling of the lower court and an order to compel Hajiya Maryam Sani Abacha to appear for her case before the lower court.

But delivering its ruling on the appeal, the Kano State High Court 2 presided over by Justice Wada Abubakar Rano and Justice Faruk Lawan, held that Maryam Abacha is a complainant to the police, not the court, adding that the complainant to the court in the matter is the Kano State Police Commissioner. The court further ruled that it will not interfere with the ruling of the lower court in the matter, saying they “believe they are sound and reasonable.” On the allegation that the Chief Magistrate has dragged himself into the arena, the court ruled that there was nothing to show that and therefore, refused to grant the appeal.