Bauchi Assembly seat: Police prosecute teachers for obeying court order
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- Category: Inside politics
- Written by Ahmed Mohammed, Bauchi
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One month after Yakubu was sworn in, Angale filed a criminal case before a Chief Magistrate’s court presided over by Magistrate Garba Inuwa Sambo. Angale accused Yakubu of using a forged primary school certificate.
On February 1, this year, Angale obtained a court order from the Chief Magistrate Court which ordered the Principal of Government Secondary School Kafin Madaki and Headmistress of Kofar Wase Primary School to produce Yakubu’s result for 1991 and 1984 for inspection before February 8, 2012.
From the documents obtained in court, the then Headmistress of the school Zainab Sani obeyed the court order. On February 3, she wrote a letter to the Registrar of Chief Magistrate’s Court saying “with reference to your letter dated 1st February 2012, in respect of one Yakubu Mohammed Ahmed regarding his certificate of primary, the document containing the list of those who completed their primary school education in the year 1984 has been checked and the said Yakubu Mohammed Ahmed was not on the list.” She also attached the list of the 92 pupils who completed the primary school at Kofar Wase in 1984 for necessary action.
After they presented the list to the court, Yakubu Mohammed, through his counsel Barrister Usman Mukhtar, filed a preliminary objection challenging the jurisdiction of the court to entertain the petition.
Barrister Usman told the court that it lacks jurisdiction to entertain the case since the magistrate court is empowered by section 15 to 18 of the criminal procedure court to try offences whose punishment does not exceed sentence to five years imprisonment, and the punishment of offences under section 368 which the accused person is charged is 14 years imprisonment, and asked the court to uphold the preliminary objection.
But counsel to Angale, Barrister Babatunde Oyefeso, told the court that section 368 of the penal code states that “whoever has in his possession any forged document knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine shall be punished with imprisonment for a term, which may be extended to 14 years and shall also be liable to fine.”
Oyofeso added that the Criminal Procedure vests jurisdiction on the magistrate court to try the offence, because it is the court with least powers to try the offence and asked the court to dismiss the preliminary objection.
After listening to all the argument, the presiding magistrate Garba Inuwa Sambo ruled that the court has no jurisdiction to entertain the case, prompting counsel to Angale, Barrister Oyafeso to file an appeal before the Bauchi State High Court, asking that the decision of the magistrate court be set aside and the accused person tried on the criminal offences.
Oyefeso said the appellant was not satisfied with the decision of the magistrate that the court has no jurisdiction to charge and try the accused person.
The state High Court constituted a panel of judges on the appeal session in May 2012. In their ruling the judges said the Magistrate court has the jurisdiction to entertain the suit. They, however, said before Angale could file a criminal allegation against the accused, he should have informed the INEC first and therefore dismissed the suit.
But Angale wrote a petition to the INEC chairman Professor Attahiru Jega, and the electoral chief directed Bauchi State Police Commissioner to investigate the allegations through a letter with reference number: INEC/LEG/L.3/BA/11?262.
The letter signed by Abdullahi A. Kaugama, secretary of the commission, urged the police commissioner to report his findings back to the commission for necessary action.
In the process of investigation, the Police invited and detained the former Headmistress of Kofar Wase Primary School Bauchi Hajiya Zainab Mohammed Sani and her Vice Sirajo Shua’ibu. They were later released on bail.
The Police also filed a suit against the two primary school teachers before a Chief Magistrate’s court and charged them with conspiracy and giving incomplete information on the alleged certificate forgery levelled against Yakubu Mohammed Ahmed of the PDP.
When the case was mentioned last Wednesday, police prosecutor, Sergeant Ahmed Rufa’i, informed the court that the police were yet to complete investigation into the matter and asked for adjournment.
The defense counsel Abubakar Garba objected to the application and informed the court about their intention to file preliminary objection to the case.
In her ruling, the presiding magistrate Shafa’atu Ladan granted the application and fixed November 29, 2012 for definite hearing of the case, and warned police to gather all their witnesses before the date as she was not going to listen to any other excuse.
A copy of the document which the police claimed that the headmistress did not give was filed in the court file. It was signed by Adamu Mamman Assitant Headmaster and Yakubu Muhammed Headmaster”
Briefing newsmen in Bauchi, Mohammed Sani, husband of the headmistress, expressed dismay over the arraignment of his wife.
He said “when my wife was the headmistress sometimes in February, she received a court order asking her to give report to the court containing the list of candidates who attended Kofar Wase Primary School in 1984 and she did so after she informed her superior officers and the name of Yakubu Mohammed was not on the list. But what surprised me was that the accused had made available to the court registrar all she was asked to do in compliance with the court order she photocopied everything, stamped it and sent to the court and she had retired from service since May this year.”
Sani said on February 2, his wife was summoned by the Police in the state CID that they want to see her. For what we didn’t know, then they said that she gave the court incomplete information, that she misled the court, did the court say she mislead them? No.”
He said only now police proffered some charges of criminal conspiracy, prevention of production of document to the court as evidence, declaring that his wife had given the court the evidence it wanted.
“They requested for the result of Yakubu Mohammed as a pupil in 1984 at Kofar Wase Primary School, Bauchi, which doesn’t exist. The said Yakubu Mohammed’s name was not on the list, was it her fault?”
Sani said he left everything to God to judge, but expressed happiness now that the matter is in the court, the court will do justice to the case.
Counsel to Yakubu Mohammed Ahmed, Barrister Mukhtar Abubakar, told Weekly Trust that “he was not aware of the arraignment of the primary school teachers, because he was yet to be briefed on the suit by his client. All I know is that they filed a suit against us; we raised preliminary objection, it was ruled in our favour and they appealed to the High Court and the High Court ruled in our favour and dismissed the suit, since then I am not aware of any suit. My client is presently in Saudi Arabia performing Hajj.”
For now, many questions that people are asking are: why did the police arraign the headmistress and her deputy after they complied with the court order? Who complained to the police that the headmistress did not give complete information?
Articles
Bauchi Assembly seat: Police prosecute teachers for obeying court order
Category: Inside politics Written by Ahmed Mohammed, Bauchi Hits: 2029
The battle for Bauchi Central Constituency seat between Abdulkarim Ibrahim Angale of the Congress for Progressive Change (CPC) and Mohammed Ahmed Yakubu alias Bayo Rossi of the Peoples Democratic Party PDP started shortly after the last 2011 general elections. When the Independent National Electoral Commission (INEC) declared Angale of the CPC as winner of the April 2011 election, Yakubu of the PDP filed a petition at the Tribunal. Both the lower and appeal tribunals declared the PDP candidate as winner of the election with majority of votes.One month after Yakubu was sworn in, Angale filed a criminal case before a Chief Magistrate’s court presided over by Magistrate Garba Inuwa Sambo. Angale accused Yakubu of using a forged primary school certificate.
On February 1, this year, Angale obtained a court order from the Chief Magistrate Court which ordered the Principal of Government Secondary School Kafin Madaki and Headmistress of Kofar Wase Primary School to produce Yakubu’s result for 1991 and 1984 for inspection before February 8, 2012.
From the documents obtained in court, the then Headmistress of the school Zainab Sani obeyed the court order. On February 3, she wrote a letter to the Registrar of Chief Magistrate’s Court saying “with reference to your letter dated 1st February 2012, in respect of one Yakubu Mohammed Ahmed regarding his certificate of primary, the document containing the list of those who completed their primary school education in the year 1984 has been checked and the said Yakubu Mohammed Ahmed was not on the list.” She also attached the list of the 92 pupils who completed the primary school at Kofar Wase in 1984 for necessary action.
After they presented the list to the court, Yakubu Mohammed, through his counsel Barrister Usman Mukhtar, filed a preliminary objection challenging the jurisdiction of the court to entertain the petition.
Barrister Usman told the court that it lacks jurisdiction to entertain the case since the magistrate court is empowered by section 15 to 18 of the criminal procedure court to try offences whose punishment does not exceed sentence to five years imprisonment, and the punishment of offences under section 368 which the accused person is charged is 14 years imprisonment, and asked the court to uphold the preliminary objection.
But counsel to Angale, Barrister Babatunde Oyefeso, told the court that section 368 of the penal code states that “whoever has in his possession any forged document knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine shall be punished with imprisonment for a term, which may be extended to 14 years and shall also be liable to fine.”
Oyofeso added that the Criminal Procedure vests jurisdiction on the magistrate court to try the offence, because it is the court with least powers to try the offence and asked the court to dismiss the preliminary objection.
After listening to all the argument, the presiding magistrate Garba Inuwa Sambo ruled that the court has no jurisdiction to entertain the case, prompting counsel to Angale, Barrister Oyafeso to file an appeal before the Bauchi State High Court, asking that the decision of the magistrate court be set aside and the accused person tried on the criminal offences.
Oyefeso said the appellant was not satisfied with the decision of the magistrate that the court has no jurisdiction to charge and try the accused person.
The state High Court constituted a panel of judges on the appeal session in May 2012. In their ruling the judges said the Magistrate court has the jurisdiction to entertain the suit. They, however, said before Angale could file a criminal allegation against the accused, he should have informed the INEC first and therefore dismissed the suit.
But Angale wrote a petition to the INEC chairman Professor Attahiru Jega, and the electoral chief directed Bauchi State Police Commissioner to investigate the allegations through a letter with reference number: INEC/LEG/L.3/BA/11?262.
The letter signed by Abdullahi A. Kaugama, secretary of the commission, urged the police commissioner to report his findings back to the commission for necessary action.
In the process of investigation, the Police invited and detained the former Headmistress of Kofar Wase Primary School Bauchi Hajiya Zainab Mohammed Sani and her Vice Sirajo Shua’ibu. They were later released on bail.
The Police also filed a suit against the two primary school teachers before a Chief Magistrate’s court and charged them with conspiracy and giving incomplete information on the alleged certificate forgery levelled against Yakubu Mohammed Ahmed of the PDP.
When the case was mentioned last Wednesday, police prosecutor, Sergeant Ahmed Rufa’i, informed the court that the police were yet to complete investigation into the matter and asked for adjournment.
The defense counsel Abubakar Garba objected to the application and informed the court about their intention to file preliminary objection to the case.
In her ruling, the presiding magistrate Shafa’atu Ladan granted the application and fixed November 29, 2012 for definite hearing of the case, and warned police to gather all their witnesses before the date as she was not going to listen to any other excuse.
A copy of the document which the police claimed that the headmistress did not give was filed in the court file. It was signed by Adamu Mamman Assitant Headmaster and Yakubu Muhammed Headmaster”
Briefing newsmen in Bauchi, Mohammed Sani, husband of the headmistress, expressed dismay over the arraignment of his wife.
He said “when my wife was the headmistress sometimes in February, she received a court order asking her to give report to the court containing the list of candidates who attended Kofar Wase Primary School in 1984 and she did so after she informed her superior officers and the name of Yakubu Mohammed was not on the list. But what surprised me was that the accused had made available to the court registrar all she was asked to do in compliance with the court order she photocopied everything, stamped it and sent to the court and she had retired from service since May this year.”
Sani said on February 2, his wife was summoned by the Police in the state CID that they want to see her. For what we didn’t know, then they said that she gave the court incomplete information, that she misled the court, did the court say she mislead them? No.”
He said only now police proffered some charges of criminal conspiracy, prevention of production of document to the court as evidence, declaring that his wife had given the court the evidence it wanted.
“They requested for the result of Yakubu Mohammed as a pupil in 1984 at Kofar Wase Primary School, Bauchi, which doesn’t exist. The said Yakubu Mohammed’s name was not on the list, was it her fault?”
Sani said he left everything to God to judge, but expressed happiness now that the matter is in the court, the court will do justice to the case.
Counsel to Yakubu Mohammed Ahmed, Barrister Mukhtar Abubakar, told Weekly Trust that “he was not aware of the arraignment of the primary school teachers, because he was yet to be briefed on the suit by his client. All I know is that they filed a suit against us; we raised preliminary objection, it was ruled in our favour and they appealed to the High Court and the High Court ruled in our favour and dismissed the suit, since then I am not aware of any suit. My client is presently in Saudi Arabia performing Hajj.”
For now, many questions that people are asking are: why did the police arraign the headmistress and her deputy after they complied with the court order? Who complained to the police that the headmistress did not give complete information?