CASE INVOLVING SOME MEMBERS OF THE ISLAMIC MOVEMENT IN NIGERIA BEFORE HON. JUSTICE DAVID WYOMS (PROCEEDINGS OF THE 11TH DAY OF JUNE 2016)
NAME: The State V Mohammed Auwal Yakubu & 80 Others
CHARGE NO: KDH/KAD/37C/2016
COURT: COURT 6
DATE: 11/05/2016 for arraignment
JUDGE: Justice David Wyoms
CHARGE: Criminal Conspiracy S. 97 PC, Culpable homicide S. 221 PC, Unlawful Assembly S. 104 PC, Disturbance of public peace and wrongful restrain S. 256 PC.
Case called: Abbas Isiyaku, Abdullahi Danladi, Zubairu Hashimi and
accused Nos. 42-80 absent and accused persons all speak Hausa.
Representation: Dari Bayero, MD Joseph, A.Y Mohammed (Mrs) for the State.
Representation: Festus Okoye, Maxwell Kyon, Haruna Magashi, Abdullahi
Bello and Ummishetu Shehu for the accused persons.
Bayero Dari: Before your Lordship is a charge under sections 97, 221,
102,106 and 256 of the Penal Code Law of Kaduna State for mention.
Before we start, I apply that the name of Abbas Isiyaku be struck off
the list. He is deceased.
Festus Okoye: No objection. The said accused person died in prison custody.
Court: The name of accused person no 28 is hereby struck out.
Bayero Dari: Accused persons nos 42-80 are women and were released on
bail to one Musa Usman. He is in court. Earlier, before the Hon.
Justice Hannatu Balogun in Court 8, in a sister case he undertook to
produce those he took on bail and he asked for time. The learned Judge
granted him time. I pray that the honourable court should grant him
time to produce those he took on bail.
Festus Okoye: Accused 42-80 are women, children and minors. Alhaji
Musa Usman did not take them on bail. The Police released them to him
on grounds that the State claimed that they do not want to prosecute
women, children and minors. Alhaji Musa is here and it is only fair to
allow him tell the Court what transpired between him and the Police.
Dari Bayero: I want to give the bail documents to the Court from the Bar.
Court: Alhaji Musa Usman: Where are the people that were released to you?
Alhaji Musa Usman: On Friday 18th December 2015, around 11am one
Sayyed Babangida called me and said that the Commissioner of Police
wants to see us. We met with him and he said that he has been given
directives to release women and children. That he wants us to help him
get buses to convey the women and children to their various
destinations. I made calls and got the buses and he said that we must
conclude their evacuation within 10 minutes. The women and children
were brought from various cells and put in the buses. I did not even
see their faces. One of the buses took those going towards Abuja and
Minna and another took those going towards Zaria and Kano. This is
what happened on that day.
Festus Okoye: My Lord I was not at the Police station when the
Commissioner of Police and Alhaji Musa Usman entered into this
agreement. My learned colleague the DPP of Kaduna State was not there.
Alhaji Musa Usman said he took a nursing mother on bail and a few
accused persons with gunshot wounds but that the Police released women
and children unconditionally. (The bail applications given to him). My
Lord, there are three documents. Alhaji Musa signed two of the
documents but the last document contained a long list was fraudulently
attached to a bail bond to give the impression that he took over sixty
of the women and children on bail. The Police gave Alhaji Musa the
last list on Friday the 6th day of May 2016.
Court: I have listened to the submissions of both parties concerning
accused persons no 42-80. From the documents submitted by the DPP
Alhaji Musa sought for the bail of some of the accused persons and
some were released to him. The State preferred the charges before this
court. It is noted that some accused persons are not in court and were
released on bail by the Police. It is the duty of the Police to ensure
that the accused persons are in court. If Alhaji Musa does not fulfil
the conditions of bail given by the Police, the Police know what to
Bayero Dari: I want a date for the sureties to produce the accused
persons. We want a date after June 20, 2015.
Festus Okoye: We apply for an earlier date because all the accused
persons before my Lord have been in custody since the 13th of December
2016. So many of them are sick and some are carrying gunshot wounds.
We want a speedy trial for all of them. The DPP has not shown that it
is only after the 20th of June that the people can be produced. I
humbly ask for an earlier date.
Court: For the sake of fairness I will adjourn the matter to the 21st
of June, 2016 for further mention.