Abuja Lawyer Petitions Magistrate Over Suspect’s Release From Prison

Omang in the petition addressed to the Chairman of the FCT Judicial Service Committee dated August 31, 2016 and obtained by The Whistler alleged that Magistrate Shuaibu acted without due process in releasing Okafor who is facing a two count charge of criminal breach of trust and cheating from the Keffi prison.

The lawyer further alleged that Okafor had boasted after he was initially remand in prison custody for 11 days that he never spent a day at the prison, and was confident that the magistrate’s remand order of August 30 would not be different.

The petition reads: “The accused person was granted bail on the 17th May 2016 after being remanded at Keffi prison for 11 days and the case was adjourned to the 29th August 2016 for trial. On the said date, the matter was called and the accused person was not in court neither was his counsel present in court.

“The Prosecutor moved the Court in line with the provision of Section 184 of the Administration of Criminal Justice Act 2015 to revoke the bail of the accused person and a Bench Warrant be issued for his re arrest and remand in prison custody pending his trial. The Prosecution informed the Court that all his witnesses in the case were present in Court and that trial cannot commence because of the failure of the accused person to attend court in line with the terms of his bail. The Court granted the application of the Prosecution and the accused person was rearrested on the 30th August 2016 and remanded at Keffi prison. Please find copies of the Order of court attached and marked as EXHIBIT A and B for your reference.

“The complainants followed the police to Keffi prison to ensure that he was remanded because upon his earlier release on bail on the 17th may 2016, he went and boasted to them in the presence of their church members at Holy Cross Catholic Church Gwarinpa 11 Abuja who were attempting to settle the matter that he never slept for one night in prison custody because of his connections with very top prison officials

“The accused person through his cronies went to His Worship Ahmed Usman Shuaibu, a Chief Magistrate 1. and demanded his release. The Chief Magistrate without following due process of asking them to file an application for a vacation of the order where the Prosecution would have been served and given an opportunity to file a counter affidavit if he so desires, went ahead and signed a production Warrant ordering the release of the accused person.

“The accused person was immediately released on the same day from custody at Keffi prison.”

The petitioner said he wants the committee to immediately investigate and discipline Magistrate Shuaibu for abuse of due process and public trust.