The NBA And The Katsina State Judiciary Battle Over Fraudulent Release of Kidnappers – DAILY WATCH PRESS
Malam Kabiru Shua’aibu, the Chief Registrar, Katsina State High Court in a statement made available clear the air, where he said:
“The NBA Katsina has, through its Assistant Secretary called a Press Conference on the above case where he alleged that one of their members is being persecuted. It has become necessary to respond to clear the facts for the general public to know the true position of the issues raised by the NBA.
On 9th March, 2020 the Registrar of High Court No. 7, Katsina presided over by Hon. Justice Baraka I. Wali conspired with some staff and lawyers and fraudulently presented false Court Order, Bail Bond and Release Order purportedly issued by the presiding Judge of Court 7 to facilitate release from custody 2 suspects/accused persons who have been on remand at the Katsina Correctional Centre on the orders of Chief Magistrate I, Katsina where the suspects were arraigned and remanded pending filing of formal charge at the High Court since the Chief Magistrate has no jurisdiction to try the offences the accused/suspects were arraigned on, which involves Conspiracy, Kidnapping and Belonging to Gang of Thieves.”
The Chief Registrar revealed that a false order was used to secure the release of the Kidnapped suspects:
“The said Registrar along with others conspired, prepared a ruling purportedly given by Hon. Justice Baraka I. Wali and fraudulently presented false Court Order, Bail Bond and Release Order to the Hon. Chief Judge who, believing the documents to be genuine, signed and the said documents presented to the Officer-in-charge of the Correctional Centre from where the suspects were eventually released.
The Hon. Chief Judge became aware of the matter when the Legal Officer of the Dept. of State Service complained that the accused/suspects have been released and have committed another kidnap and even killed one person at Mararrabar Kankara in Malumfashi Local Government while the Dept. as complainant was never served the processes of the application for their bail.”
He further asserts that:
“This led to the Hon. Chief Judge calling for the case file and Register of cases from the Central Registry where it was discovered that the application for the bail was never officially filed and registered.
It was further discovered that the case no. assigned to the file KTH/198M/2020 had earlier been assigned to a civil motion. It was discovered that U. D. Farouk Esq. a Principal Legal Officer with the Legal Aid Council filed the bail application with his signature and official N.B.A. seal The said lawyer also perfected the bail conditions by introducing the suerties after presenting a forged introduction letter from the District Head of Kankara where the accused/suspects hailed from having found that the conduct and acts of the Registrar and his coconspirators amounted to judicial fraud and offences relating to Administration of Justice under sections 124, 125, 141 and 148 of the Penal Code Law of Katsina State, the Hon. Chief Judge directed that a formal complaint should be forwarded to the Dept. of State Service for the matter to be thoroughly investigated and appropriate action taken as the acts and conducts constitute not only offences but a threat to National Security and general administration of justice.
The Dept. of State Service having conducted preliminary investigation invited and interrogated all those involved including the District Head of Kankara whose letter of introduction of suerities was forged, the officer in charge of Katsina Central Correctional Centre and detained the principal suspects and arraigned them before a Chief Magistrate Court for cognizance. In the meantime, the U. D. Farouk undertook before the Hon. Chief Judge to facilitate re-arrest of the fraudulently released suspects and the Dept. of State Service obliged but for over one week he was not able to do so and he was also detained and arraigned to court.
When application for the bail of the court officials, the lawyer and others involved in the fraudulent release was filed before High Court no. 6 was refused, the NBA. knows the appeal option available but rather decided to appeal to the public court through press conference. The claim that U.D. Farouk did not commit any offence cannot stand as it is only a court of law that can determine that.
The Hon. Chief Judge thereafter constituted a Committee to investigate the infractions internally.”
“The Committee composed of a Judge as chairman with the Solicitor-General, Ministry of Justice, the Chief Registrar High Court, Representative of Commissioner of Police, Representative of Director Dept. of State Service, Chairman N.B.A. as members and Director litigation as secretary (all members of the committee are lawyers and members of the NBA.) The Committee has just submitted its report which is being studied for appropriate action.
For the avoidance of doubt, we have never stated that the Hon. Chief Judge was deceived into freeing notorious kidnappers as being reported in some on-line and social media channels.” He concluded.