Upper shari'a court revoke bail, ordered re-arrest of Imam Dusten Tanshi
By Adamu IMAM
The court sitting was presided over by the court Judge Malam Hussaini A. Turaki who did not agree with the ealier submission by the counsel to the accused person to consider the order of the court of appeal in Jos on the matter
It could be recalled that the plaintiff state police commissioner was accusing the defendant Imam Idris Abdul'azeez on incitement of public disturbance which the Upper Shari'a court entertained the case in it previous proceedings sometimes last year.
However, the presiding judge despite all hearing of the arguments from both counsels, he read that the accuse person must appear in court despite the bail granted, ealier and the presence of his two sureties during the sitting, since it was a criminal case before the court
The counsel to the plaintiff UB Umar of Bauchi state ministry of justice, shortly after the proceeding at the court explained further, that the court or the prosecutors counsel are not the ones to move the motion for them which they failed to do so
"We have sent sammon for him publicly he made mentioned he won't come, we change summon to substitute the service and to be pested on the last known address of the defendant the accused person which the court did for him to come, there is motion his counsel filed it has not been move, just to hear what the court will tell" he maintained.
"so we cannot allowing the motion to be staying unattended they strike it out that is the court didn't know, the court cannot act on speculations, so the court stand by it summon and substitute service issued, says he should come to the court and tell why he would not before her, in it previous sitting if there are reasons convinced to the court fine, the next we would know what to do"
"We sent summoned he refused, we sent substitute he refused then the next is arrest warrant by the security agents to arrest him and bring him to the court, that is by next week 24th of this month, not wanted but warrant to arrest him"
"It has not been wanted until that warrant has not been executed then we declare him wanted" he noted.
On the other side the defendant counsel Ahmad M Umar remains adamant that despite the arrest warrant issues ealier the upper shari'a court has to respect the last order given by the appeal court in Jos before any other matter
"We reminded the court also, that the court revoked the bail by the defendant erroneously they did it on error, because the principle after serving a motion to the defendant, and if he is not found, the court has to resume sitting and inform that the defendant has not being served, the substitution had to be apply for, but the court serve the summon on him and he travelled"
We also reminded the court this case was from here to high court and court of appeal in Jos, we served this court and other parties with four notices of hearing but the fact that was there were special sitting on governorship election the court of appeal was unable to sit on the matter, he added
"now the court of appeal gave 7 and we told the court out of respect that they should respect the status of the court of appeal, now and the court should not do anything and now they went and revoke the bail ordered to arrest him"
"Our stand there is pending case before the court of appeal the court didn't do, and still they decided to arrest him which is actually wrong according to the law and all the norms of the civil society, we phone him and we will continue to do the needful" he further stressed.
"we have doing everything to see the court why they should obey the higher court, we are talking about high court of appeal even high court cannot continue with this matter, even federal high court, but court in it's own opinion is continue with the matter"
Therefore, according to the upper shari'a court the case was adjourned untill the 24th of January 2023 for the continuation of the hearing with the accused person in court