Chief Magistrates Court sitting in Kano has slated March 24 for ruling on application filed by Trycylist, Mujitapha Isa, 21, who is seeking to serve the Managing Dircector, Kano Road and Traffic Agency(KAROTA), Dr. Baffa Dan-Agundi a Criminal summon through substituted means.
justicewatchnews.com reports that the Complainant Isa, 21, through his counsel, Barrister Abba Hikima, in a direct complaint letter dated March 1, dragged the Managing Director of KAROTA before the court for the alleged unlawful violence, intentional assault, causing grievous bodily harm, criminal abuse of authority and offering bribe on the person of the tricycle rider.
When the case came up today monday for hearing, neither Baffa nor his counsel attended the court.
It could be recalled, that the court had on March 18, ordered a criminal summon for the MD to appear before it on March 22, personally to respond to the allegations against him.
Counsel to the complainant, Barrister Hikima, alledged that the court bailiff told him on two occasions that on March 18 and 19, were at the defendant office to serve him criminal summon as earlier ordered by the court.
At the plenary session today the court told Abba Hikima that Baffa filed preliminary objections challenging the court to hear the case
In his submission Barrister Hikima argued that defendant recieved the summon
“The court bailiffs were denied entering into the defendant office. The record shows he has not been served, the case is criminal in nature and the court cannot hear the Preliminary Objection(PO) of the defendant without his present in court.”
During the proceeding, Barrister Hikima made an application pursuant to section 138 and 139 of ACJL urging the court to grant leave to the court bailiff to serve the defendant through substituted means by pasting the summon at the office of the defendant in order for him to appear the complaints against him and consequently record his plea.
According to the letter, Abba Hikima explained that on Feb.25, KAROTA Boss allegedly assaulted, dehumanized his client Mujittapha until he became unconscious over allegation of been part of those that spearheaded protest and a two-day strike by tricycle riders in the state.
‘’While on the course of lawful business as a tricycle operator in Kano, our client Isa got arrested by men and officer of KAROTA for allegedly distributing flyers which purportedly and incited tricycle riders in Kano state for the imposition of N100 tax with its attendant expenses”
‘’ immediately after his arrest which came 3 days after the said strike by tricycle riders he was taken before the MD at KAROTA office where the said allegation was repeated before him.
‘’Upon hearing the allegation, the MD became furious and enraged whereupon he approached our client and began to physically batter and assault him with heavy blows on sensitive part of the body (Head, Neck and Chest) with his fists.
The letter added that Isa became unconscious and was rushed to Murtala Muhammad Specialist Hospital Kano, where he was later resuscitated.
Chief Magistrate, Ibrahim Khalil, adjourned the matter until March 24 for ruling.