In an unusual court scenario, Murtala Musa, a petroleum marketer on trial at the Chief Magistrate Court 2 in Minna, Niger State, caused a stir by requesting that a trial judge and the court registrar testify as his witnesses.
The request came during a session where Musa faced charges including contempt of court, criminal intimidation, resisting arrest, and assault.
Musa, through his legal representative D Tahimber, filed a subpoena application for Justice Mariya Ismail of the state high court 3 and the court’s registrar to appear as witnesses and to provide essential documents for his defense.
These documents, he argued, are crucial for the commencement of the hearing.
Tahimber cited Section 84(2) of the Evidence Act 2011, as amended, to support the defense’s case, arguing that Magistrate Fati Umar Hassan, presiding over the matter, should compel the higher judicial officers to comply with the subpoena given the nature of the charges which originated from alleged contempt at High Court 3.
According to him, “It is vital and competent for the High Court Judge to appear before the magistrate’s court and for her court registrar to produce records of proceedings of the suit NSHC/266/2016 duly signed by Justice Mariya Mummy Ismail of high court 3, dated 22/4/2024.
“We are also demanding that the Magistrate’s Court make available to the accused the CCTV camera footage of the proceedings of 22/4/2024 of High Court 3, names and posting letters containing the duties of the orderly and chief detail assigned to Justice Mariya by the police and the cause list of the high court 3 on 22/4/2024.”
Furthermore, the counsel to the defendant applied for the Judge of the High Court 3, Justice Mariya Mummy Ismail to come and testify as a witness to tell the Magistrate what actually transpired especially when she had to order that water should be given to the defendant during the sitting on 22/4/2024.
Giving her ruling on the application for a subpoena on the judicial officers, the presiding Magistrate Fati Umar Hassan adjourned the case to July 16, 2024.
Hassan also adjourned the ruling on the bail application for the defendant moved by his counsel to July 16, 2024, while ordering him to be remanded in a correctional custody.
