Don't use the court to persecute perceived enemies, Lawyers urge

Don’t use the court to persecute perceived enemies, Lawyers urge Gombe Govt

By Auwal Umar, Gombe

Gombe Lawyers on Tuesday have expressed concerns over what they termed the state government’s alleged plan to use state actors to persecute perceived enemies.

Addressing journalists, Barr. Henry Nwoye said despite the exparte order obtained by his client from Federal High Court, Senator representing Gombe central, Danjuma Goje, there has been undue pressure by the state government to coerce the plaintiff to report to the state.

According to him, the order was to restrain the state from coercing Goje, to come to the Gombe, stressing that Government should respect the position of the court.

Nwoye said, “This thing that happened to distinguished senator Goje (5th November 2021), he specifically wrote to the Inspector General of Police, against a certain individual over the conduct that was meted out to him. However, after his writing, the state governor personally wrote to the Inspector General against him and some other individuals who took two other petitions one to the police officer on different issues.

“Our fear in this circumstances is further highlighted or heightened by the fact that with a certain provision in Gombe State administration of criminal justice system law. They could just go to a magistrate court to obtain an ex parte order, use it to harass people putting them in prison (custodial centre) against the principle of fair hearing, and all the cardinal principles of justice.

He bemoaned scenarios where the state used the court to harass innocent citizens through frivolous orders, revealing that there may be attempts by Gombe authorities to stage-manage an attack to blame Goje.

“We will challenge them, those enactments by the special grace of God. We are hopeful some of them will be shown way out some of the specific provisions that are very offensive, they are terrible very obnoxious, extreme unreasonableness.

“If he is coerced to come to Gombe there could be this kind of mock arrangement whereby some persons not even known to him could commit some acts which make cause injuries to persons or death of individuals. We do not want anybody to lose his life in Gombe at the instance of the distinguished senator,” Nwoye added.

In a written petition to the Inspector General of Police and obtained by Blueprint alleged that despite the court order restraining the state government from any action against him and supporters, Governor Yahaya has through the office of the Assistant Inspector-General of Police went ahead to invite Goje and his associates to appear a panel, “which is a clear violation of the court order.”

In the petition, they urged Governor Yahaya, the state commissioner of justice and all other parties to respect the court order, to avoid chaos, anarchy and lawlessness.

The counsels, therefore, called on the state government to ensure that the order of the court is complied with as the suit they filed is still pending, before the federal high court.

Also speaking, Barr. Luka Haruna, who expressed happiness at the bail granted Mohammed Yayari, a social media aide to the Senator lamented what he described as undue pressure by state agents.

He alleged that the chief magistrate of Pantami Area Court, Mohammed Kumo was questioned over the bail granted by Yayari by acting Chief Judge of the state Mua’zu Pindiga.

Haruna quoted Chief magistrate Kumo saying, “ I am aware that the power that we do not want this application to be granted but the oath I solemnly swore to is to do right to all manner of people without fear or favour, affection or ill will. The law has given me the discretion either to grant bail or to refuse bail.

“My conscience will never let me rest as long as I live. Therefore in the exercise of my powers, I will not cause the death or any irreversible injury of a human. The prosecution though aware of the ill health of the defendant did not show any compassion in challenging the application. I refused to be coerced into being an accessory to the murder or irreversible injury. Based on this, I, therefore, grant the bail application.”

When contacted the State Commissioner of Justice, Barrister Zubairu Muhammad Umar debunked the allegations saying that the government is respected the rule of law and promotes the criminal justice system in the state.

“I have done nothing to intimidate anybody. Anybody can sit down at the comfort of their room and invite the press and say whatever they want to say, and as a matter of fact, no one has laid any allegation against us.

“If there is an order by the Federal High Court in favour of Senator Danjuma Goje, has anybody done anything to violate that order? Nobody has done that. If you are saying there is a case of bail of Yayari, he has been granted bail. So what is the problem?”

“It is a lingering fight that has been transformed into what we have now.”