From Ahmad Mohammed, Bauchi
Bauchi State High Court number five presided over by Justice Aliyu Baba Usman has fixed 9th April 2018 for Judgment on the suit involving 6 management staff of Abubakar Tafawa Balewa University.
The case include; Dean Faculty of Management Sciences, Dr. S.I Ningi; Deputy Dean Faculty of Management, Sciences Dr. Umar Usman; Director General Studies Faculty of Management Sciences, Dr. Babangida Yerima; Head of Department [Draft] Faculty of Management, Dr. Y.B Maiwada and Head of Department [DMTT] faculty of Management of the University, Dr. Tijjani Abubakar respectively against Dr. Idris Isiyaku Abdullahi,
Judge of Chief Magistrate court number 12 Bauchi and the registrar of CMC 12 Bauchi.
Justice Usman reserved the judgment after hearing submission by counsels to the Plaintiffs and defendants on the suit.
The Plaintiffs, Dr. SI Ningi, Dr. Umar Usman, Dr Babangida Yerima, Dr YB Maiwada, Dr Tijjani Abubakar filed a suit asking the court to declare that the case earlier filed by the defendant before Chief Magistrate Court and the decision of the court CMC 12 on suit in CMCBH 20386C/2018 devoid fair hearing and it was conducted without jurisdiction and abuse of court processes.
They asked the court to quash all the proceedings and rulings of CMC 12 judge and to ask the defendants to pay them the sum of N2.5m as cost of filing the case.
The first respondent Dr Idris Isiyaku Abdullahi’s Counsel, Barrister Nasara Joshua said sometimes in December 2017 Dr Isiyaku filed a direct criminal complaint against the applicants before CMC 12 for criminal conspiracy and defamation of character, and at the end the Chief Magistrate issued a bench warrant against all the Plaintiffs on the basis of their nonappearance in court but their counsel and filed a preliminary objection on the grounds that the appearance of the accused is not necessary when the process of the court have not been properly served on the accused now applicants.
The Plaintiffs’ counsel was dissatisfied and promptly informed the court that they lost confidence in the court as being unbiased and umpire the court instantly transferred the matter to chief Magistrate Court 4 Bauchi, and the accused didn’t go to the court to file their application for bail or canvassed that the case is stating de novo they went to the State High Court.
Counsel to the first respondent argued that the applicants were given fair hearing as can be seen from the record of the proceeding of the lower court and alleged that the applicants are bent on that they cannot attain court even with the criminal allegation against them and explained that the magistrate has the requisite jurisdiction to hear and determine cases of criminal conspiracy and deformation of character, and asked the court to refuse their application.
The Presiding Judge Justice Aliyu Baba Usman released the 2nd applicants on bail, order stay of proceedings of the CMC 12 pending the hearing and determination of the suit and asked the registrar of the CMC 12 to furnish the applicants with all the record of proceedings of CMC 12 on the suit.
Earlier Dr. Isiyaku filed a suit at CMC 12 Magistrate and alleged that the applicants defamed him in a petition letter they wrote and submitted to the Vice Chancellor of the ATBU.
He said in the said letter that his client brought an unknown person into campus and pointed out some staff whom he considers enemies to the individual and alleged that the respondent has pronounced how he intended to eliminate his enemies and propagated campaign of calumny on some staff and the faculty as a whole, he asked the court to order the applicant to pay him N5million damage.
The dependents also secured a restraining order from Bauchi state high court number 5 which stopped the police from arresting and remanding the ATBU management officers as ordered by the lower court.