Insult: Court urges police to produce witnesses

Prosecutor, Stephen Haruna, had earlier informed the court that  police investigations into the matter had been concluded. Four months  has elapsed since he said that and the prosecution was yet to bring forth witnesses to testify before the court. He  prayed the court to adjourn sitting till a later date to enable the police produce […]

Prosecutor, Stephen Haruna, had earlier informed the court that  police investigations into the matter had been concluded. Four months  has elapsed since he said that and the prosecution was yet to bring forth witnesses to testify before the court. He  prayed the court to adjourn sitting till a later date to enable the police produce its witnesses. Counsel to the accused, Barrister Saidu Tudun Wada, objected to the application for adjournment made by the prosecution. He told the court that the matter has suffered series of adjournments at the instance of the prosecution.

Saidu pointed out that, justice was a trite way and not a one way traffic. He proceeded in praying the court to discharge the accused subject to lack of diligent prosecution by the police, adding that the prosecution could reopen its case when are ready to engage on a rigorous pursuit of the matter before the court.

The counsel referred the court to the provisions of section 35 and 36 of the 1999 constitution, stating that the accused deserved justice and the guarantee of his dignity and liberty. He also cited section 165 of the criminal procedure code in submitting his request that the matter be disposed by the court.

Stephen Haruna told the court that the matter before it undoubtedly has suffered series of adjournment. He attributed the delay suffered to the fact that he had to attend a police training course. He therefore prayed the court in the interest of justice, that it subpoenas the incumbent Executive Chairman, Ungogo Local Government and the Investigating Police officer to appear before the court on its next sitting.

The court in its ruling, held that, as at the date of its last sitting, Mustapha Mohammed would have been discharged. The court held back due to his absence in court, which prompted the prosecution to apply for a bench warrant, which the court said though was not served on him.

The matter is adjourned to April 15, 2010 for the prosecution to produce its witness, failure to bring forward witnesses to testify on the matter would lead to the court’s decision to discharge the accuse person before it, the court ruled. The police arraigned the accused on a two count charge of intentional insult and inciting disturbance, offences said to be contrary to sections 155 and 114 of the penal code law.

Police charge sheet said, “on the 14/08/2009 at about 1130hrs, one Badaru Umar of Gayawa quarters, came to the station and reported that on the 12/08/2009 between 1130 and 1300hrs, you Mustapha Mohammed Bature, alias Tarfa of Rimin Kebe quarters, Kano insulted him by sending him text messages through his mobile phone.”

“And that you went ahead to text the public different false stories against him with a view to incite public disturbance in the whole area,” the prosecution alleged.