COURT REFUSES TO DISCHARGE POLITICIAN ACCUSED OF INSULTING FINTIRI AFTER 16 DAYS IN PRISON

The Chief Magistrate Court 4 sitting in Yola, Adamawa State on Wednesday, refused to discharge a Politician, A. A Lawal Uba, accused of insulting Governor Ahmadu Umaru Fintiri.

The Politician was remanded in prison custody on the 15th August, 2022 for allegedly insulting Fintiri, as well as accusing him of betrayal. He has already spent 16 days behind bars.

The presiding judge of the court, Aminu Abdulkadir Maiha, ordered the remand of the Defendant after he was arraigned him.

But at the resumed sitting of the court, the Prosecutor, Inspector Nanugi Tayeri, told the court that the police had completed its investigation and applied for the substitution of the initial First Information Report.

He said that the prosecution's application is premised on the provision of section 217 sub-section (1) of the Administration of Criminal Justice Law (ACJL), 2018. 

On his part, Counsel to the Defendent, F. A. Ogbe, of the Legal Aid Counsel of Nigeria, objected to the application, arguing that the matter was adjourned for definate hearing.

Ogbe, told the court that they came to court fully prepared for hearing, and that if the commencement of hearing will not be possible, the Defendant be discharged.

He added that the FIR cannot be substituted but amended and objected to the substitution, saying that if the case cannot go on, the Defendant be discharged.

Ruling on the application, Magistrate Aminu Abdulkadir Maiha, said that the court had heard both sides regarding the substitution and reply from the defence counsel.

The judge also stated that the court had heard the objection based on reasons that the case was adjourned for definate hearing and to substitute the FIR which means bringing something new entirely.

According to him, what amounts to amendment and substitution depends on what is contained in the FIR, explaining that the FIR before the court is just an information report. 

He declared that the court is not duty bound to strictly adhere to what is contained in the FIR, and however refused the objection of the defence counsel and granted the application of the prosecution.

The amended charge reads, " Defamation of Character, use of Insulting or Abusive Language and Inciting Disturbances".

When the new charge was read to the Defendant, he pleaded not guilty as a result of which the court adjourned the matter to the 1st September, 2022, for hearing.

It could also be recalled that Magistrate Aminu Abdulkadir Maiha, in his ruling recently, rejected the application for bail filed before his court by the Defence Counsel.

But disastified with the ruling, Counsel to the Defendant, F.A. Ogbe, appealed against the decision and his appeal is currently pending before the vacation judge of the State High Court of Justice.