FINTIRI vs LAWAN: COURT FIXES MONDAY FOR RULING ON NO CASE SUBMISSION

Chief Magistrate Court 4 sitting in Yola, Adamawa State has slated Monday next week, for ruling on no case submission filed by A.A. Lawan Uba, accused of insulting Governor Ahmadu Umaru Fintiri.

The ruling will determine the fate of the defendant as to whether he will be called upon to enter defence or be discharged and acquitted if prima facie case has not been established against him.

Magistrate Aminu Abdulkadir Maiha, fixed the date after the adoption of no case submission filed by, R. M. Agav, counsel to the defendant.

While adopting his no case submission, Agav, told the court that from the evidence adduced by the prosecution, prima facie case has not been made to warrant the court to call his client to enter his defence.

He argued that based on the evidence before the court, the prosecution could not prove even one element of the offences which the defendant is standing trial.

On the alleged offence of "disturbing public peace", he submitted that even the prosecution admitted that the court lacks jurisdiction to entertain the matter, and that the only order the court can issue is nothing but striking it out.

While on the alleged offence of"defamation of character", he observed that defamation is personal and private, and that it is only the person whose character has been defamed can complaint and not another person.

Likewise, on the alleged offence of "insult",  Agav, stated that it is also personal, and that it is only Governor Ahmadu Umaru Fintiri, who was allegedly insulted can tell the court what it is an insult to him and not another person.

Arguing further, Agav, said that the Prosecution Witness (PW1) in person of Abdullahi Yakubu, cannot determine the words allegedly spoken by the defendant which amount to an insult or defamation of character.

However, he urged the court to uphold his client's no case submission and discharge and acquit the defendant since there is no case for him to answer.

On his part, Counsel to the prosecution, J. A. Waya(Senior State Counsel II), had while adopting his reply on no case submission, urged the court to proceed and frame a charge against the defendant for him to enter his defence.

Waya, prayed the court to dispel the assertion raised by the defence counsel that they are using the machinery of the state for intimidation. 

According to him, the court has jurisdiction to entertain the offence of public disturbance because the law has donated powers to the court to so do, saying that the statutory law rests comfortably on the bossom of the court.

He submitted that the court is empowered to frame a charge against the defendant having heard the evidence laid and having read the exhibit before it.

He added that all the extant laws are before the court to draw an inference as to whether a prima facie case has been made on the First Information Report tendered.

Waya urged the court to hold that the prosecution has laid a prima facie against the defendant in this matter and proceed to frame a charge for Lawan, to enter his defence.