Soba Vs Tahir: Absence of investigator stalls 2-year suit
A two-year-old perjury case by Mohammed Attahiru against Mohammed Soba before a federal high court in Kaduna has stalled after the investigating officer failed to appear in court. Mohammed Tahir is challenging Soba of breaching electoral laws during the 2015 general elections which led to his victory. It was agreed deputy superintendent of police (DSP) […]
A two-year-old perjury case by Mohammed Attahiru against Mohammed Soba before a federal high court in Kaduna has stalled after the investigating officer failed to appear in court.
Mohammed Tahir is challenging Soba of breaching electoral laws during the 2015 general elections which led to his victory.
It was agreed deputy superintendent of police (DSP) Kehinde would appear at the next court sitting on November 25, having acquired release papers from the office of the Commissioner of Police, Police Mobile Force (PMF), Department of Operations, Force Headquarters, Abuja.
A copy of the document signed by the Assistant Commissioner of Police, PMF, ACP, Haruna Olufemi for the commissioner of police is titled ‘Re: Mohammed Tahir Attahiru Vs Mohammed Musa Soba and 4 others suit No. FHC/KD/CS/74/15 a subpoena ducestecum AD testificandum to DSP Kehinde the investigating officer in respect of perjury case against Mohammed Musa Soba’.
The document reads, “Find attached a copy of letter No. CB:2002/IGP.SEC/ABJ/VOL.93/689 dated 12th October, 2017 with its attachments received from Office of the Inspector-General of Police on the above underlined subject. You are directed to inform the officer to report accordingly, please.”
Counsel to Abdulsalam Yakubu who is the 4th defendant, Barrister Philemon, observed that the police is allegedly frustrating the case saying, “I made all the necessary arrangements for the police to come but it is unfortunate the police did not show up, so in the circumstances, we hereby apply to close the case.”
However, counsel to Musa Soba, Sulieman Shuaibu said, “It is not correct to say Mohammed Tahir has done everything possible, a subpoena is a supreme command to the witness to come to court, failure, the witness can be liable to serious sanctions which has not been done in this respect. We have no objection to close the case.”
After hearing statements from both counsels, the presiding judge, Justice Emake Nwite adjourned the case to November 7th, 2017for final written addresses.
Kehinde was expected to bring documents including a hand written expert report to the court as part of evidence in the suit.
Barrister Amina who stood in for the plaintiff’s principal counsel, Tajudeen Oladoja said, “All necessary arrangements have been made and there is an approval from the Inspector General of Police (IGP) to ensure that DSP Kehinde comes down to Kaduna, so he has no excuse not to be here.
“As I speak to you know, he is in Abuja because I dragged him down from Anambra state which is his base to Abuja but he said the documents were not released to him by his superior saying he can only do what he is told to do.”