COURT DISMISSES LAWAN'S NO CASE SUB AFTER 41 DAYS IN PRISON

The Gubernatorial Candidate of African Action Congress (AAC) in Adamawa State, A. A. Lawan Uba, is to continue to remain in prison custody as the Chief Magistrate Court 4 on Monday, dismissed his no case submission.

Lawan who is standing trial for allegedly insulting Governor Ahmadu Umaru Fintiri, has been in prison custody for 41 days for the offences which he had since denied committing it. 

The Chief Magistrate Court 4 presided by Aminu Abdulkadir Maiha, dismissed the no case submission filed by the defendant through his counsel, R. M. Agav.

While delivering his ruling, Magistrate Aminu, said he is convinced that the testimonies of the prosecution witnesses really linked the defendant with the alleged offences.

He stated that he had gone through the content of the First Information Report, testimonies of the PW1 and PW2, exhibit tendered and admitted in evidence, cross examination and re-examination.

He added that he had also gone through no case submission filed by the defence counsel, the single issue formulated and argued, the authorities cited and relied upon as well as the prayers. 

It was based on the foregoing that the judge discharged the defendant on alleged offence of inciting public disturbance and ordered him to open his defence as he has a case to answer.

The judge said he is convinced that the court lacks the jurisdiction to hear and determine the offence of inciting public disturbance contrary to section 80 of penal code law and accordingly discharged him in line with section 385 of the Administration of Criminal Justice Law, 2018.

After ruling, Magistrate Aminu, proceeded and framed 2 count charges against the embattled politician, and subsequently adjourned the case to enable him prepare and enter his defence.

The defendant pleaded not guilty to the new charges of " defamation of character and use of insulting language" contrary to section 377 of the penal code law and punishable under section 378 of the same code.

Meanwhile, the defendant has pleaded with the trial court to admit him to bail to enable him prepare for his defence. 

A. A. Lawan, through his counsel, R. M. Agav, urged the court to grant bail to his client as according to him, the offences are bailable in nature.

Agav, assured the court that his client will always appear in court and stand his trial, and that he has a realible surety to stand for him, and pleaded with the court to admit him to bail because he has been in detention for 41 days.

Magistrate Aminu Abdulkadir Maiha, adjourned the matter to the 27th September, 2022 for ruling on the bail application.

In their separate reactions on the ruling, A. M. Iliyasu(Senior State Counsel II) who appeared for the prosecution and R. M. Agav, for defendant thanked the court for a well considered ruling.