The magistrate court 4 in Yola on Friday refused to honour bail application by former gubernatorial candidate of Africa Action Congress (AAC), Lawal Uba, after 40 days in correctional centre.
He is standing trial for allegedly insulting Governor Ahmadu Umaru Fintiri as well as inciting public.
Magistrate Aminu Abudulkadir has now fixed Monday for ruling on case submission filed by his counsel R.M. Agay.
The ruling will determine the fate of the defendant whether he will be arraigned or discharged and acquitted if prima facie has not been established against him.
He pointed out that no case submission to 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 defence.
He argued that based on the evidence before the court, the prosecution could not prove even one element of the offences for 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 defamation of character, he observed that defamation is personal and private and that it is only the person whose character has been defamed that can complain not third party.
Likewise, on the alleged offence of “insult,” Agay also said it is personal and that it is only Gov Ahmadu Umaru Fintiri said to be insulted that can ask the court to treat it as such not another person.
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. Ways (Senior State Counsel ii) had while adopting his reply on no case submission, urge the court to proceed on a charge against the defendant for him to enter defence.
Waya prayed the court to dispel the assertion by 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 do so because the statutory law rests comfortably on the bosom 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 tender
Waya wanted the court to hold that the prosecution has laid a prima facie against defendant in this matter and proceed to frame a charge for lawal to enter his defence.
Meanwhile, former minister of Youth and sports, Solomon Dalung had while addressing newsmen at the court premises said that he came to the court as a Nigerian citizen to ensure justice for Lawan who has been in detention for many days.
He noted that as a Nigerian who always stands for justice, he cannot afford to allow a fellow citizen denied justice.
According to him, Lawan ought not to have been in prison over a bailable offence.
He challenged Adamawa State judiciary to rise up and ensure justice delivery system and not in anyway compromise or allow cases to be politicised, vowing to ensure justice for the politician.
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