By LAWAL TAOFEEK

Defence counsel to Mr Saffiyanu Bala, factional State Chairman, African Democratic Congress (ADC) in Kebbi, Ahmad Fingilla and his co-lawyers, staged a walkout from the court.

Fingilla had accused the Presiding Magistrate, Abubakar Abdullahi-Koko, of Chief Magistrate Court I, sitting in Birnin Kebbi, of bias and having an interest in the ongoing trial of his client.

Drama ensued after the court resumed at 5:30p.m. on Friday, when Magistrate Abdullahi-Koko ruled that the preliminary objection could be taken only after the defendant had entered his plea, citing Yahaya Bello v. FG and Section 376 of the Nigerian Constitution, as well as the Kebbi State Administration of Criminal Justice Law, 2021.

Dissatisfied with the ruling, Fingilla asked the presiding magistrate to transfer the case to another judge.

“From the ruling just delivered by the court, it is very clear that this court has pre-empted the outcome of our preliminary objection.

“Your Lordship, we raised a preliminary objection in a direct criminal complaint filed by one Abdulrazak Abubakar in Case No. KB/62DC/2026.

“The case at hand now is CP v. Engr. Saffiyanu Bala, which has nothing to do with Abdulrazak Abubakar. The parties are different and it is a new case.

“Based on the reasons stated above, with due respect, from Monday till today, it is obvious that this court has an interest in this case. We do not have confidence in this court, and the case should be transferred to another judge,” he pleaded.

However, the Senior State Counsel, Hanafi DanMaigoro urged the court to continue with the case, arguing that defence counsel could not point out a single reason to prove the court was biased and that if dissatisfied, he could appeal the ruling.

In his ruling, Magistrate Abdullahi-Koko affirmed his neutrality in the case and asked the parties to continue with the matter.

However, Fingilla and his co-lawyers, Mudasir Sani, Muhammed Usman and Nura Lawal, walked out of the court even as the magistrate repeatedly asked them to sit down.

After the departure of the defence counsel, the charges were read to the defendant, who pleaded not guilty to all the charges.

DanMaigoro sought an adjournment until next Tuesday to enable him to study the police file and the preliminary objection raised by the defendant.

The case was adjourned to Tuesday next week for further hearing.

The News Agency of Nigeria (NAN) recalls that factional ADC Chairman, Safiyanu Bala was dragged to the court by Abdulrazak Abubakar, another factional Chairman, for disobedience of a court order and inciting the public.

Earlier, during the morning session, the Police Prosecutor, Insp. Muntari Mati, at the resumed sitting, informed the court that the defendant, Safiyanu Bala, was arraigned for alleged disobedience of a court order and incitement of the public.

He said the conduct was unbecoming of a public servant, contrary to Section 116 of the Nigerian Constitution.

Mati, who sought the court’s permission to read the FIR to the defendant, was interrupted by the defence counsel, Ahmad Fingilla.

Fingilla told the court that he had filed a notice of preliminary objection challenging the jurisdiction of the court on the matter before it.

“We would like to draw the attention of the court to the notice of preliminary objection we filed before this honourable court challenging the competence of the action and the jurisdiction of this court to entertain this case.

“Part of the grounds upon which the preliminary objection stands is the Commissioner of Police’s adoption of the earlier procedure in filing this action against the defendant, which is not known to any law in Nigeria.

“The said preliminary objection has been served on the complainant,” he noted.

Fingilla cited University of Agriculture, Makurdi & Others v. Arch. J.T. Anongo (2021) and the Supreme Court judgment in Asset Management Nominee Ltd & Others v. Forte Oil & Others (2023) to justify his argument.

“Therefore, My Lord, we humbly urge this honourable court to adhere strictly to the provisions of the law and the decisions of the Supreme Court by first deciding on the preliminary objection before the defendant respond to the FIR. That is my humble submission,” he said.

However, the senior state prosecutor from the Kebbi Ministry of Justice, who announced his appearance in the case, told the court that by virtue of Section 211 of the Nigerian Constitution and Section 121(a) of the Kebbi State Administration of Criminal Justice Law, the state humbly applied to take over the case.

Defence counsel, Fingilla, who did not oppose the application, agreed that the prosecutor had the right to take over the case based on the sections of law cited.

Magistrate Abdullahi-Koko, however, granted the request.

DanMaigoro informed the court that he was served the notice of preliminary objection in court and, by law, they have a seven-day grace period to reply.

“In reaction to the preliminary objection by defence counsel, My Lord, we were just served today in court; we have not had the opportunity to go through it.

“Based on this, My Lord, we are not ready to proceed with the preliminary objection. We hereby urge this honourable court for a date at the instance of the court.

“The law provides that when a preliminary objection is served, respondents have seven days to respond.

“So, we are still within the grace period. We, therefore, seek an adjournment to properly respond to the preliminary objection on points of law,” he appealed.

Counsel to the defendant, Fingilla, also agreed with the state prosecutor on the seven-day grace period to reply to their preliminary objection but argued that the court has an obligation to decide on the jurisdictional application filed before it, before proceeding with the main suit.

He told the court that in criminal cases, the issue of the court’s jurisdiction must be settled before proceeding to the main suit, unlike in civil cases.

Fingilla said if the court eventually realises it lacks jurisdiction, the efforts of the court would be in futility.

The presiding magistrate, Abdullahi-Koko, adjourned the sitting to 3p.m. to allow Muslims to observe Jumu’ah prayer. (NAN)

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