By; BOMBA DAUDA
Contrary to the defamatory report by Sahara Reporters in a one-sided story, dated 28th June, 2021, in which it claimed that, “Yakubu and his wife were said to have ignored several summonses by the court in a suit between them and one Mr. Timothy Giwa on the offence bothering on criminal conspiracy, theft, mischief and criminal trespass.”
For the avoidance of doubt the case referred to by Sahara Reporters is Direct Criminal Case No.KAD/KMD/25DC/2021 in which Timothy Giwa is the complainant while Engr. Andrew Yakubu, Sarah Andrew Yakubu and Samanja Samuel are the defendants.
To put the records straight, the Magistrate Court sat for the first time on 28th June, 2021 after the service of the criminal summons on Engr. Andrew Yakubu and his spouse, Sarah by substituted means. It is therefore a figment of the reporter’s source to assert that they ignored several summonses by the court.
The reason for the absence of Engr. Andrew Yakubu and his spouse in court on the 28th day of June, 2021 is attributable to the commencement of the Law Week of the Nigerian Bar Association, Kaduna Branch pursuant to which the Chief Judge of Kaduna State graciously declared Monday, 28th day of June, 2021 Court free day in order to afford legal practitioners the opportunity to effectively participate in the activities commemorating the Law Week.
Placing reliance on the declaration of 28th day of June, 2021 as court free day, lawyers to Engr. Andrew Yakubu intimated him and other defendants of this development and advised them to await a new date for the mention of the case and this explains the absence of the defendants from court on the said 28th day of June, 2021.
However, to the defendant counsel greatest surprise, the Third Defendant, Samanja Samuel informed his counsel that he has been reliably informed that the Magistrate Court at Ibrahim Taiwo Road is sitting as a result of which information lawyers to the defendant rushed to Magistrate Court 9 Daura Road and arrived thereat at about 9:20 am only to discover that counsel on behalf of the complainant had mentioned the matter out of turn and applied for the issuance of Bench Warrant against the defendants.
In the circumstance, counsel on behalf of the defendants drew the attention of the Magistrate who was still sitting to the directive of the Chief Judge of Kaduna State at the behest of the NBA Kaduna branch declaring the 28th day of June, 2021 court fee day and the Magistrate graciously agreed to revisit the matter provided learned counsel on both sides are in court.
A staff of the court at the instance of the defendant’s counsel called the complainant’s counsel twice on his mobile phone to inform him of the new development and the need for him to come back to court, however, he did not picked his calls and by reason whereof counsel on behalf of the defendants resolved to file an application seeking for the Bench Warrant issued to be set aside and he informed the Magistrate accordingly of his intention.
Counsel on behalf of the defendants subsequently on the same 28th June, 2021 filed a Motion On Notice dated 28th day of June, 2021 seeking amongst others an order setting aside the Bench Warrant issued against the Applicant based on reasons stated in the Affidavit In Support of Motion On Notice.
This reporter was able to obtain a certified true copy of the Motion on Notice, it is attached hereto.
While counsel was busy filing the Motion on Notice he got information that the complainant has attempted to execute the Bench Warrant against Engr. Andrew Yakubu and his spouse at No.29 Bourmediene Road Narayi, High Cost, Kaduna, despite the fact that the complainant knows that they reside in the F.C.T, Abuja which was apparently the reason why he could not personally serve them with the criminal summons and has had to serve them by substituted means.
It is pertinent to note that prior to the filing of the criminal summons the complainant had filed suit number KDH/KAD/102/2018 now pending before High Court No.5, Kaduna and he misled the Honourable High Court into entering a default judgment in his favour on the 9th day of May, 2019 without drawing the attention of the court to a notice of discontinuance earlier filed on his behalf in the suit and which notice of discontinuance automatically puts an end to the suit.
When the defendants became aware of the default judgment they filed a Motion on Notice dated 1st day of November, 2019 seeking for an order of the Honourable High Court setting aside the default judgment in favour of the complainant herein, the complainant opposed the said Motion on Notice.
However, the High Court No.5, Kaduna delivered a considered ruling on the 25th day of February, 2020 in favour of the defendants and accordingly set aside the default judgment delivered on the 9th day of May, 2019. The said suit No. KDH/KAD/102/2018 is still pending before the High Court of Justice N0.5, Kaduna.
In addition to the foregoing the complainant had even before filing suit number KDH/KAD/102/2018 lodged a complain with the Police Divisional Headquarters, Barnawa where he was told pointedly by the Police that from the nature of his complain there is nothing criminal in the actions of Samuel Samanja and consequently, the complainant approached the defunct Rent Tribunal Kaduna where he sued Samanja Samuel and another and realizing the futility of his action he like Chameleon rushed to file suit No. KDH/KAD/102/2018 and subsequently, the instant Direct Criminal Complaint before Magistrate Court No.9, Daura Road, Kaduna.
From the antecedents above the reasonable inference that one can safely draw is that someone somewhere is not interested in the determination of the dispute on its merit but, rather using same to embarrass the defendants in the misplaced believe that same will arm-twist and force them to the negotiating table.
Talking about the facts of the matter, it is rather laughable that the complainant will allege that Engr. Andrew Yakubu and his spouse who were not anywhere close to House No. 89 Ahmadu Ahidjo Street, Narayi, High Cost, Kaduna on the 2nd day of November, 2017 stole the complaint’s Television, two Boxes of clothes and the N1, 205, 000 cash or at all. It is also rather absurd and incongruent that the complainant who could not afford to pay rent and who had to rely on the benevolence of the wife of Engr. Andrew Yakubu through Samanja Samuel in occupying the said No.89 Ahmadu Ahidjo Street, Narayi, High Cost, Kaduna for almost five years without paying a dime as rent will boast of having kept the sum of N1, 205,000 cash at home.
For the avoidance of doubt, the complainant was never ejected from House No.89 Ahmadu Ahidjo Street, Narayi, High Cost, Kaduna as he voluntarily opened the padlocks thereto and packed all his belongings.
The facts of this case brings to the fore the fact that conscience is indeed an open wound and the defendants shall be vindicated at the end of the day.