Delivering the judgment on Wednesday, Chief Magistrate Dimas Elshama said, the ruling is based on the provision of section 294 and the application to remand the three defendants tendered by the prosecution. The court ruled that the three defendants should be remanded under the police custody as they await the advice of the Director Public Prosecution (DPP). He based his judgment on exparte motion saying that the effort of the defense counsel to the defendants to counter the application for the plea is an exercise in futility.
Elishama directed the prosecution to ensure that the advice of the DPP is obtained on or before April 20, 2020.
The three defendants, Barr. Hussaini Kazir, r-PDP chairman of Yelli ward, Phillips Buji and Abdullsalam Adamu were brought before the court by the Adamawa State commissioner of police Audu Madaki over alleged terrorism, forgery, and public disturbance.
Commenting on the judgment in a chat with newsmen after the ruling, the lead counsel to the defendants, Barr Jerry Owe said the court lacked the jurisdiction to entertain the case based on the nature of the charges brought before it which are criminal in nature.
The lawyer noted that the charges brought by the prosecution under exparte motion grants the defendants no right to be heard, adding that after allowing them to take a plea, the defendants were given the rights to the audience and should have been heard.
Owe maintained that out of the three conditions for filing such charges, only one was fulfilled while the other two were breached noting that on such grounds the court has lost grounds to continue with the process.
” Out of the three conditions, only First Information Report was availed to the court while form 8 was not filled and verifying affidavit was not deposed, ” he said.
Also reacting to the ruling, the r-PDP leader in the state Dr. Umar Ardo accused the chief magistrate of allowing himself to be used as a pawn in the political chess game of Adamawa State.
He further that the judge’s action was in total contravention with the directive of Chief Justice of the federation which suspended all court sittings until April 20, 2020 a move aimed at taming the dreaded COVID-19 pandemic.
Reacting the factional leader of the r-PDP in the state Dr. Umar Ardo pledged to file a petition before the NJC to challenge what he called the unprofessional and condescending conduct of the judge.
He also vowed to petition the IG over the conduct of the state police commissioner, Audu Madaki for allowing himself to be used in the political chess game of the state
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