The Chief Registrar of the Katsina State High Court, Kabiru
Shu’aibu, has responded to the Nigerian Bar Association (NBA),
Katsina Branch, and cleared air on how some lawyers and the
Registrar of High Court No. 7 fraudulently secured the release of
some suspects on remand for Offences of Conspiracy and kidnapping
among others.
The NBA Katsina had, through its Assistant Secretary, called a
Press Conference on the case where it alleged that one of its
members is being persecuted.
Shu’aibu, therefore, said it has become necessary to respond to
clear the facts for the general public to know true position of the
issues raised by the NBA.
According to the Shu’aibu, on 9th March, 2020 the Registrar of
High Court No. 7, Katsina presided over by Hon. Justice Baraka I.
Wali conspired with some staff and lawyers and fraudulently
presented false Court Order, Bail Bond and Release Order
purportedly issued by the presiding Judge of Court 7 to facilitate
release from custody 2 suspects/accused persons who have been on
remand at the Katsina Correctional Centre on the orders of Chief
Magistrate I, Katsina where the suspects were arraigned and
remanded pending filing of formal charge at the High Court since
the Chief Magistrate has no jurisdiction to try the offences the
accused/suspects were arraigned on, which involves Conspiracy,
Kidnapping and Belonging to Gang of Thieves.
The said Registrar along with others conspired, prepared a
ruling purportedly given by Hon. Justice Baraka I. Wali and
fraudulently presented false Court Order, Bail Bond and Release
Order to the Hon. Chief Judge who, believing the documents to be
genuine, signed and the said documents presented to the
Officer-in-charge of the Correctional Centre from where the
suspects were eventually released.
The Hon. Chief Judge became aware of the matter when the Legal
Officer of the Dept. of State Service complained that the
accused/suspects have been released and have committed another
kidnap and even killed one person at Mararrabar Kankara in
Malumfashi Local Government while the Dept. as complainant was
never served the processes of the application for their bail.
This led to the Hon. Chief Judge calling for the case file and
Register of cases from the Central Registry where it was discovered
that the application for the bail was never officially filed and
registered. It was further discovered that the case no. assigned to
the file KTH/198M/2020 had earlier been assigned to a civil motion.
It was discovered that U. D. Farouk Esq. a Principal Legal Officer
with the Legal Aid Council filed the bail application with his
signature and official N.B.A. seal The said lawyer also perfected
the bail conditions by introducing the suerties after presenting a
forged introduction letter from the District Head of Kankara where
the accused/suspects hailed from.
Having found that the conduct and acts of the Registrar and his
coconspirators amounted to judicial fraud and offences relating to
Administration of Justice under sections 124, 125, 141 and 148 of
the Penal Code Law of Katsina State, the Hon. Chief Judge directed
that a formal complaint should be forwarded to the Dept. of State
Service for the matter to be thoroughly investigated and
appropriate action taken as the acts and conducts constitute not
only offences but a threat to National Security and general
administration of justice.
The Dept. of State Service having conducted preliminary
investigation invited and interrogated all those involved including
the District Head of Kankara whose letter of introduction of
suerities was forged, the officer in charge of Katsina Central
Correctional Centre and detained the principal suspects and
arraigned them before a Chief Magistrate Court for cognizance. In
the meantime, the U. D. Farouk undertook before the Hon. Chief
Judge to facilitate re-arrest of the fraudulently released suspects
and the Dept. of State Service obliged but for over one week he was
not able to do so and he was also detained and arraigned to court.
When application for the bail of the court officials, the lawyer
and others involved in the fraudulent release was filed before High
Court no. 6 was refused, the NBA. knows the appeal option available
but rather decided to appeal to the public court through press
conference. The claim that U.D. Farouk did not commit any offence
cannot stand as it is only a court of law that can determine
that.
The Hon. Chief Judge thereafter constituted a Committee to
investigate the infractions internally. The Committee composed of a
Judge as chairman with the Solicitor-General, Ministry of Justice,
the Chief Registrar High Court, Representative of Commissioner of
Police, Representative of Director Dept. of State Service, Chairman
N.B.A. as members and Director litigation as secretary (all members
of the committee are lawyers and members of the NBA.) The Committee
has just submitted its report which is being studied for
appropriate action.
For the avoidance of doubt, we have never stated that the Hon.
Chief Judge was deceived into freeing notorious kidnappers as being
reported in some on-line and social media channels
The Chief Registrar of the Katsina State High Court, Kabiru
Shu’aibu, has responded to the Nigerian Bar Association (NBA),
Katsina Branch, and cleared air on how some lawyers and the
Registrar of High Court No. 7 fraudulently secured the release of
some suspects on remand for Offences of Conspiracy and kidnapping
among others.
The NBA Katsina had, through its Assistant Secretary, called a
Press Conference on the case where it alleged that one of its
members is being persecuted.
Shu’aibu, therefore, said it has become necessary to respond to
clear the facts for the general public to know true position of the
issues raised by the NBA.
According to the Shu’aibu, on 9th March, 2020 the Registrar of
High Court No. 7, Katsina presided over by Hon. Justice Baraka I.
Wali conspired with some staff and lawyers and fraudulently
presented false Court Order, Bail Bond and Release Order
purportedly issued by the presiding Judge of Court 7 to facilitate
release from custody 2 suspects/accused persons who have been on
remand at the Katsina Correctional Centre on the orders of Chief
Magistrate I, Katsina where the suspects were arraigned and
remanded pending filing of formal charge at the High Court since
the Chief Magistrate has no jurisdiction to try the offences the
accused/suspects were arraigned on, which involves Conspiracy,
Kidnapping and Belonging to Gang of Thieves.
The said Registrar along with others conspired, prepared a
ruling purportedly given by Hon. Justice Baraka I. Wali and
fraudulently presented false Court Order, Bail Bond and Release
Order to the Hon. Chief Judge who, believing the documents to be
genuine, signed and the said documents presented to the
Officer-in-charge of the Correctional Centre from where the
suspects were eventually released.
The Hon. Chief Judge became aware of the matter when the Legal
Officer of the Dept. of State Service complained that the
accused/suspects have been released and have committed another
kidnap and even killed one person at Mararrabar Kankara in
Malumfashi Local Government while the Dept. as complainant was
never served the processes of the application for their bail.
This led to the Hon. Chief Judge calling for the case file and
Register of cases from the Central Registry where it was discovered
that the application for the bail was never officially filed and
registered. It was further discovered that the case no. assigned to
the file KTH/198M/2020 had earlier been assigned to a civil motion.
It was discovered that U. D. Farouk Esq. a Principal Legal Officer
with the Legal Aid Council filed the bail application with his
signature and official N.B.A. seal The said lawyer also perfected
the bail conditions by introducing the suerties after presenting a
forged introduction letter from the District Head of Kankara where
the accused/suspects hailed from.
Having found that the conduct and acts of the Registrar and his
coconspirators amounted to judicial fraud and offences relating to
Administration of Justice under sections 124, 125, 141 and 148 of
the Penal Code Law of Katsina State, the Hon. Chief Judge directed
that a formal complaint should be forwarded to the Dept. of State
Service for the matter to be thoroughly investigated and
appropriate action taken as the acts and conducts constitute not
only offences but a threat to National Security and general
administration of justice.
The Dept. of State Service having conducted preliminary
investigation invited and interrogated all those involved including
the District Head of Kankara whose letter of introduction of
suerities was forged, the officer in charge of Katsina Central
Correctional Centre and detained the principal suspects and
arraigned them before a Chief Magistrate Court for cognizance. In
the meantime, the U. D. Farouk undertook before the Hon. Chief
Judge to facilitate re-arrest of the fraudulently released suspects
and the Dept. of State Service obliged but for over one week he was
not able to do so and he was also detained and arraigned to court.
When application for the bail of the court officials, the lawyer
and others involved in the fraudulent release was filed before High
Court no. 6 was refused, the NBA. knows the appeal option available
but rather decided to appeal to the public court through press
conference. The claim that U.D. Farouk did not commit any offence
cannot stand as it is only a court of law that can determine
that.
The Hon. Chief Judge thereafter constituted a Committee to
investigate the infractions internally. The Committee composed of a
Judge as chairman with the Solicitor-General, Ministry of Justice,
the Chief Registrar High Court, Representative of Commissioner of
Police, Representative of Director Dept. of State Service, Chairman
N.B.A. as members and Director litigation as secretary (all members
of the committee are lawyers and members of the NBA.) The Committee
has just submitted its report which is being studied for
appropriate action.
For the avoidance of doubt, we have never stated that the Hon.
Chief Judge was deceived into freeing notorious kidnappers as being
reported in some on-line and social media channels