Standing Justice On Its Head: A Tale Of How Adamawa Attorney General Subverts Justice For The Common Man

By Nicodemus Mika’il

In what can be described as subversion of justice and show of power against the common man, the Attorney General and Commissioner for Justice of Adamawa State, Barrister A. K. Jingi, was said to have subverted criminal proceedings against one Suleiman Muhammad Jabu.

It was gathered that a complainant by name Vandimiyi Muhammad Usman has approached a Chief Magistrate Court II of Yola division and filed a case of criminal breach of trust, cheating and misappropriation against one Suleiman Umar Jabu, brother to the Commissioner for Local Governments and Chieftaincy Affairs.

In a case number CMC/256/2020 filed at the said Chief Magistrate Court, Yola, Mr. Usman has requested the court to help him get redress over what he described as criminal breach of trust and misappropriation of his fund by Jabu to the tune of twenty four million naira (N24,000,000.00).

In his application, the complainant alleged that sometimes in February, 2019, the defendant approached him to give him some money to buy tanker trucks for him and also to invest and manage the business for him which he obliged.

According to him, on the 8th of February, 2019, he gave the sum of N41,000,000.00 (Forty one million Naira) to the defendant to buy the tanker trucks and petroleum products for him, but he failed to purchase the trucks and petroleum products and instead kept deceiving him that he has purchased the trucks and invested the money for him.

He stated that after a period of one year when he (the complainant) insisted on seeing the trucks and the fruit of the investment, the defendant confessed to him that he did not purchase the trucks neither has he invested the money but rather has converted the money to his personal use. Jabu then pleaded with Usman to give him time to enable him pay him back his money (41,000,000.00).

He noted that based on the plea of the defendant out of the forty one million naira, he was only able to pay him N17,000,000.00 (Seventeen Million Naira only) remaining the balance of N24,000,000.00.

He noted that since then, the defendant undertook to pay him back the remaining balance of his money but on due date to pay him he failed to pay him again.

According to him, after several demands for the payment of his remaining balance of twenty four million naira the defendant failed to pay and kept on deceiving and hiding from him, and this prompted him to approach the court to seek redress.

He noted that the act committed by the defendant has amounted to offences of cheating, criminal breach of trust and misappropriation contrary to sections 313, 303 and 299 of the Penal Code Law of Adamawa State, 2018 respectively. Therefore, he applies to be paid his original sum of twenty four million naira plus interest pursuant to section 40 of the Penal Code Law of Adamawa state, 2018.

Speaking on the development, a private legal practitioner, who is abreast with the proceedings in the Court but does not want his name in prints, told our reporter that after the institution of the case, the defendant consistently failed to appear before the Court and as well failed to get the Judge compromised through bribe, has resorted to seeking administrative intervention by petitioning the court to stop any other actions against him.

“He wrote a petition that he has lost confidence on the Judge and as such wants the matter to be transferred to another court, if not he will not appear before the court.

“But his petition was dismissed after thorough investigation by the Adamawa State Judiciary Headquarters for being baseless and lacking merit, as such directed the Judge to proceed with the case.”

After the dismissal of the petition, the court summoned him by issuing a hearing on notice for him to appear on Wednesday November 5, 2020. When he appeared, they read the particulars of the complainant to him, but he pleaded not guilty. Thereafter, his Counsel applied for a bail and the Judge granted him bail under some terms and conditions which he failed to fulfill.

These terms and conditions are one reliable surety and must deposit the sum of five million naira to the Court Registrar in line with section 262 of administration of Criminal Justice Law of Adamawa state to serve as security for bond and for the defendant to be attending the court. But he was unable to fulfill these terms and conditions.

Thereafter, an inside source told Desert Herald that the brother to the defendant who is a Commissioner for Local Government and Chieftaincy Affairs in Adamawa state, went to the Court and asked the Judge to release his brother without having regard to the terms and conditions of his bail.

But the Judge said he is ‘fuctus officio’ meaning there is nothing he can do in respect of the case. The Judge, however, hinted that if they like they can apply for the variations of the terms and conditions of the bail in the High Court or file a motion before him to serve them with the motion and notice to apply for the variation of the bail conditions, otherwise they should fulfill the terms and conditions of the bail.

Our source said “but they insisted and called the Attorney General of the State in person of Barrister A. K. Jingi and he called the Chief Registrar of the Adamawa State High Court and instructed him to order the Judge to stop the proceedings, but the Judge said he is ‘fuctus officio’ that there is nothing he can do.”

Despite this, our source hinted, the same Commissioner still went to the Court and the judicial headquarters accompanied by others; with the intent to intervene and subvert the course of justice that his brother must be released without fulfilling the terms and conditions of the bail, a demand that was resisted by the Judge and the Judiciary, because, according to them, it was never done that way. Rather, he was told to either appeal or fulfill the conditions and allow the trial to continue.

It was thereafter that the Attorney General of Adamawa state, Barr. A. K. Jingi, brought a paper which served as ‘Nolle Prosequi’ that means he has terminated the proceedings against the brother to the Commissioner for Local Government before the Court without having regard to the power contained in section 211 of the constitution of the Federal Republic of Nigeria 1999 as amended in 2013. This is also without having regard to the public interest, interest of justice and abuse of legal process.

He stated that this is a case of criminal breach of trust and cheating instituted by a private individual against a private individual and it is in order to invoke the section of the constitution and seek redress before the court.

To their greatest dismay, however, the Court said they are nobody to challenge that power exercised by the Attorney General of Adamawa State and so the proceedings were terminated and the defendant was unceremoniously discharged.

He averred that this act exhibited by the Attorney General is not only unfortunate and disgraceful, but it is also barbaric, inhuman, and grievous; and abuse of legal process which does not reflect the interest of the common man in the state.

Even though he admitted that the constitution has given the Attorney General of the state the power to stop some legal proceedings against individuals, he pointed out that such power has limitations.

Section 211 says that “(a) the Attorney General shall have power to institute and undertake criminal proceedings against any person before any Court of law in Nigeria other than a Court martial in respect of any law of the House of Assembly. (b) to take over and continue any such criminal proceedings that have been instituted by any other authority or person; and (c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.

2. the power conferred upon the Attorney General of a State under subsection 1 of this section maybe exercised by him in person or through officers of his department.

3. In exercising his powers under this section, the Attorney-General of the state shall have regard to the public interest, interest of justice and the need to prevent abuse of legal process.”

He noted that based on the above sections, there exists sorely limitations on the otherwise wide power of the Attorney General, adding that despite this wide power conferred on the Attorney General, he was not allowed in the purported exercise of his power to infringe on the other provisions of the constitution.

“The exercise of his power as contained in this constitution cannot be a mechanical approach particularly in a situation where state policies are involved and need to be balanced one way or the other before taken any action.”

He maintained that this is a case instituted by a private individual against a private individual that Attorney General need to have regard to the interest of justice, public interest and abuse of legal process but he failed and rather acted on the scripts played by his colleague to exercise his power arbitrarily in order to favour him (Commissioner) whose brother was before the Court and has failed to fulfill his bail conditions.

“If the Attorney General of the State may contravene his power to suit an individual, then there is no hope for the common man,” he said.

“In a situation like this, when the case has been mentioned before the Court and the Court has giving the defendant bail what they ought to do is if they are not contented with the bail conditions or ruling of the Court, they should apply to the High Court for variations of the bail conditions or may come to the same Court and apply for variations through motion by serving the other party or should fulfill the terms and conditions or not to fulfill the conditions and continue with the trial not resorting to administrative intervention by stopping the Judge from continuing with the proceedings.”

The questions on the lips of most Nigerians is “where then is the equal right promised by this administration before coming on board, if it’s Chief Law Officer can deprive an individual his right of hard earned wealth which was misappropriated by an individual just to please his friend or colleague?

Where is the hope of the common man which they say lies in the Judiciary, when the people who are saddled with the responsibility of helping and aiding him to get justice are conniving to deny him justice?”

“Where is the interest of the public, interest of justice and protection of the legal process the constitution is talking about when the people who are supposed to protect the sanctity of the constitution are violating it,” he queried?

While commending Governor Ahmadu Umaru Fintiri for his massive development strides in the state, he said it was unfortunate for the Governor to be surrounded with some people who do not have the interest of the state and common man at heart, thus denting the good image of the Governor. So he advised the Governor to be wary of these people.

He used the opportunity to call on the Attorney General of the Federation, legal luminaries and civil society groups to as a matter of urgency take proactive actions against the Adamawa State Attorney General and Commissioner for Justice for dastardly exercising his power without due restraint.

Efforts to get the reactions of the Counsel to the defendant, Commissioner for Local Government and Chieftaincy Affairs and Attorney General and Commissioner for Justice of the state hit the bricks wall at the time of filing this report.