A petroleum marketer, Murtala Musa standing trial at the Chief Magistrate Court 2 Minna, Niger State has applied for a subpoena of the Magistrate compelling the appearance of a Judge of the state high court 3, Justice Mariya Mummy Ismail and the Registrar of the court to testify as witnesses.
He also requested them to provide four essential evidence documents for the commencement of a hearing on the matter.
The complainant was arraigned on Thursday on 3 count charge of contempt of court, criminal intimidation, resisting arrest and assault contrary to sections 397,152,171 and 265 of the penal code law,
Musa applied for the subpoena on the judicial officers through his counsel, Barrister D T Tahimber who cited section 84(2) of the Evidence Act 2011 as amended to support his case.
Tehimber observed that having assumed jurisdiction to entertain the case of contempt allegedly committed at the High Court 3, the Magistrate, Fati Umar Hassan has the inherent powers to make available to the accused all documents necessary for his defence.
According to him, “It is vital and competent for the high court Judge to appear before the magistrate court and for her court registrar to produce records of proceedings of the suit NSHC/266/2016 duly signed by Justice Mariya Mummy Ismail of high court 3 dated 22/4/2024″
” We are also demanding for the Magistrate Court to make available to the accused the CCTV camera footage of the proceedings of 22/4/2024 of High Court 3, names and posting letters containing the duties of the orderly and chief detail assigned to Justice Mariya by the police and the cause list of the high court 3 on 22/4/2024′.
Furthermore, the counsel to the defendant applied for the Judge of the High Court 3, Justice Mariya Mummy Ismail to come and testify as a witness to tell the Magistrate what actually transpired especially when she had to order that water should be given to the defendant during the sitting of 22/4/2024.
Giving her ruling on the application for a subpoena on the judicial officers, the presiding Magistrate, Fati Umar Hassan adjourned the case to July 16, 2024.
Hassan also adjourned the ruling on the bail application for the defendant moved by his counsel to July 16, 2024, while ordering him to be remanded in correctional custody.