Victims of fraudsters accused Bauchi Magistrate of Judicial Malpractice and Presiding over Fundamental Right Enforcement… Ex-parte

From Ibrahim Bununu, Bauchi

A Presiding Magistrate in Bauchi State Judiciary in the Alkaleri Magisterial District of Bauchi, Abdullahi Adamu Jumba, is under fire for allegedly granting bail to suspected fraudsters who duped unsuspecting citizens of millions of naira

This was contained in a petition letter dated February 5, 2024, addressed to the Chairman of the Judicial Service Commission, Bauchi, on their behalf by a Bauchi-based legal practitioner, Barrister Alkassim Muhammad.

The victims, Yahaya Ibrahim Gwaram and Dan Azumi Usman Gwaram, alleged that Jumba’s action of granting bail to the suspects who defrauded them of millions of naira was judicial malpractice, abuse of judicial process and usurpation of the constitutional jurisdiction of the high courts by granting bail to the suspect.

In the petition letter, addressed through the secretary of the Commission, they accused the magistrate of violating provisions of section 46 of the 1999, describing his action as incompetent and urged the Commission to intervention timely to address the problem

“While we join hands with you in the combat against corrupt practices in the state judicial system, reposing confidence in the administration of justice, rule of law and natural justice,” Alkassim noted.

“We write on behalf of Yahaya Ibrahim Gwaram and Dan Azumi Usman Gwaram resident of Gwaram on whose behalf and authority we painstakingly forward this complaint against the above mentioned person for abuse of judicial office, usurping the constitution jurisdiction of my lord’s pursuant to section 46 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended,” he wrote.

Giving a background of the case, the legal practitioner recalled that on behalf of the complainants he filed a complaint before the Commissioner of Police Bauchi State against one Suleiman Abba for alleged offences of criminal breach of trust, obtaining money by false pretense and criminal misappropriation.

“The Commissioner of Police pursuant to section 4 of the Police Act commenced investigation into the matter through the State Intelligent Department (S.I.D),” he disclosed.

“Investigation activities revealed the names of one Ya’u Abdullahi Gwaram, Shehu Usman Gwaram, Abubakar Umar Gwaram in connection and beneficiaries of the proceeds of the alleged misappropriation of over N100,000,000.00( One Hundred Million Naira) Only  after their arrest.

“My lord, amid in the investigation, the suspects Counsel, family and friends on the 26th January,2024 in their own way secured the administrative bail of the suspects having executed a bail bond and with a promise to produce the suspects before the Commissioner of Police on the 29th January,2023.

“Despite our candid advice not to release the suspects without completing investigation and having study the demeanor of the suspects, the Counsel and other family members who constantly insisted of granting the suspects bail.

“My lord, we have prophesized in our letter to the Commissioner of Police dated 29th day of January, 2023 on the likelihood the following after the release of the suspects:

“That the suspects and their Counsel are likely to file Fundamental Right Enforcement against the Commissioner of Police and other legal issues.

“My lord, as if we knew exactly what is happening and to our dismay, on the 31st January, 2024 our Clients were informed by the Police Investigation Officer that a case of Fundamental Right Enforcement have been file against the Commissioner of Police with a restraining Order before the Principal District Court, Alkaleri Bauchi.

“My lord, it not in dispute that Fundamental Right Enforcement can only be instituted, heard and determined by Court of competent jurisdiction to wit: State and Federal High Court of Justice pursuant to the provisions of Section 46 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended).

“It is worth to note that enforcement of the any provisions of Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 and the provisions of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Shall approach the Court with competent jurisdiction for redress.

“My lord, I have not seen a replica of the above stated provisions in our District Court Laws of Bauchi or any legislation or seen any practice direction from our noble lord the Chief Judge of Bauchi State in conferring jurisdiction to District Court to entertain matters on Fundamental Right Enforcement.

“My lord, on 25th day January, 2024 the Magistrate Abdullahi Adamu Jumba Esq presided over a case of Fundamental Right Enforcement seeking to determine the provisions of Sections 34,35,40,40, 46 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 5,6,10 & 12(1)  of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act  with a restraining Order obtained EX-Parte against the Commissioner of Police for discharging his statutory duty in Re: YA’U ABDULLAHI GWARAM, SHEHU USMAN GWARAM, ABUBAKAR UMAR GWARAM versus THE COMMISSIONER OF POLICE BAUCHI. BAPPAYO ABBA GWARAM”

“My lord, no wonder justice/Court Order has becomes a commodity in our Court for the highest bidder. We write on behalf of our client’s because they are the nominal complainant in the case referred above and also bring your notice of the bad practices in the State judiciary.

“The question is that, the presiding Magistrate presided on the above case due to ignorance of the provisions and applications of the law? The correct answer to this question will surely solve problem at hand. It too elementary for the presiding Magistrate to forecast the dangers of his actions”

The complainants called on the Chairman to investigate this complaint timeously to save the collapse of the judicial System in State, constitute a strong committee to review the case referred in this complaint with a report and Sanction the Magistrate involve and any other court staff found wanting in connection to this case”

“It is our candid advice that my lord should create comprehensive case filing management system outside Bauchi town to ensure justice,

“My lord, we file this complaint before you to take proper attention being the Chairman of the Judicial Service Commission Bauchi State with the hope securing justice. Our client is ready to defend this complaint at any given time when ever invited by any legally constituted authorities. My lord, other undisclosed facts regarding our complaint and other bad practices may be available to you at any time while we put the legal telescope in strategic place in the judicial system of the State”