Murtala Musa, a petroleum marketer facing contempt of court and other criminal charges at the Chief Magistrate Court II in Minna, has filed for a subpoena to compel the appearance of judicial officers. Specifically, Musa seeks the presence of Justice Mariya Mummy Ismail of State High Court 3 and the court’s registrar as witnesses. He also requests the provision of four essential documents for the commencement of his hearing.
Musa is being tried on three counts: contempt of court, criminal intimidation, resisting arrest, and assault, as outlined under Sections 397, 152, 171, and 265 of the Penal Code. His counsel, Barrister D.T. Tahimber, filed the subpoena application citing Section 84(2) of the Evidence Act 2011, as amended.
Tahimber argued that since the magistrate, Fati Umar Hassan, has assumed jurisdiction over the case, she has the inherent authority to provide the accused with all necessary documents for his defense. He stressed the importance of having the High Court judge testify and for the registrar to produce the proceedings’ records from suit NSHC/266/2016, signed by Justice Mariya Mummy Ismail on April 22, 2024.
Furthermore, Tahimber demanded access to the CCTV footage of the High Court 3 proceedings on April 22, 2024, the names and posting letters detailing the duties of the orderly and chief detail assigned to Justice Mariya by the police, and the High Court 3’s cause list for the same date.
When Magistrate Fati Umar Hassan asked the police prosecutor, Sgt. Jacob Lohfe, to respond to the defense counsel’s application, he stated, “The ones we lay our hands on would be provided before the hearing of the case.”
