There is fresh trouble for the Bauchi-based popular Islamic Cleric, Sheikh Idris Abdul’azeez Dutsen Tanshi as Bauchi Upper Sharia Court has ordered his immediate arrest through a warrant of arrest issued on Wednesday.
Recall Dr Idris Abdulaziz was arrested by the State Police Command and arraigned before a Chief Magistrate Court which ordered his remand at the Bauchi Correctional Centre for the alleged offence of inciting public unrest through his preaching during the last Ramadan fast.
The case was transferred to the Upper Sharia Court for proper adjudication following the advice from the State Ministry of Justice through the office of the Director of Public Prosecution (DPP).
During the sitting of the Upper Sharia Court on Wednesday, the trial Sharia Judge, Malam Hussaini Turaki, expressed his displeasure over the inability of the accused person to physically appear before the Court to answer a plea on the allegation against him.
Hussaini Turaki then granted the request of the Prosecution Counsel and issued the warrant of arrest against Idris Abdulaziz directing that he must be produced at the next adjourned date of the court.
The Counsel to the accused person had earlier told the Court that the accused person could not appear before the Court because of illness telling the Court that Idris Abdulaziz suddenly developed sickness the previous night of Tuesday.
The trial Judge asked for proof of the sickness of the accused person to convince the Court but they could not provide any of such.
The Prosecution Counsel from the State Ministry of Justice, who is the Solicitor General and Permanent Secretary of the Ministry, Barr Aliyu ibn Idris requested the Court to issue a warrant of arrest against the accused person as his defence Counsel could not prove that he was sick to the extent that he could not appear before the court.
According to him, “We are in the Court today as the case was transferred from the Chief Magistrate Court and it is to start all over. Unfortunately, the defendant could not appear before the court, but they have filed a notice of preliminary objection challenging the jurisdiction of the court.”
He stressed that, “We are saying that he must first appear before the court, but they are challenging the jurisdiction of the court. We have applied for a warrant of arrest against him since he has refused to appear before the court, and, the court has granted it, the case is now adjourned to Monday, 5th of June for further mention.”
The defence Counsel, Sadik Abubakar Ilelah, had requested the Court to grant his client another date to enable him appear before the court to make his plea against the allegations brought against him.
He stressed that it was not that they don’t have respect for the Court but for the sudden illness of the accused person the previous night before Wednesday when the case came up.
According to him, “The case was transferred from the Magistrate’s Court to the Islamic Shari’a Court, but the person we are defending was unable to attend the court due to his illness, so he will not be able to attend today’s court session.”
He added that, “We asked the Court that he should be given another date to come and appear before the Court since today is the first day of the hearing, but they refused to accept the request saying that we refused to obey the court’s invitation.”
The Counsel said that, “The court, after hearing the arguments of each side, ordered his arrest so that he may appear before it on the next adjourned date.”
The Lawyer also said that they will think about taking the appropriate action based on the use of the legal system.
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