Danfulani vs. KDSG: Another Defence Lawyer Quits In Protest

Maigamo briefly remanded in cell over bad conduct

 
Another Defence Lawyer standing for Dr. John Danfulani, who is standing trial at a Kaduna High Court for alleged “malicious falsehood,” quit from the case in protest over what he said was his fear that his client may not get justice from the Presiding Judge, Justice Bilkisu Mohammed of Kaduna High Court 12, Ibrahim Taiwo Road, Kaduna.
On the 5th of February Barrister Yakubu I. Umaru had also said he feared that his client may not get justice from the court based on the conduct of the Judge and removed himself from the case
It could be recalled that Dr. John Danfulani had been arrested on the 26th January 2016, arraigned before Chief Magistrate Court 1 Kaduna, presided by Mallam Awallu Musa in Case No. KDH/KAD/102c/20016 and charged with breaching sections 417 and 418  of the Penal Code. He was accused of posting an insulting post on his facebook wall against Northerners.
After series of appearances, he was discharged on 9th August 2016.
But on the 26th October 2016, he was re-arrested, arraigned at the Kaduna High Court 12, and subsequently spent 13 days in Kaduna Central Prisons because Justice Bilkisu Mohammed had  to travel for a seminar for that duration.
Dr John Danfulani, a human right activist and an acerbic critic of the polices of governor Nasir  el-Rufai led administration, had  resigned as a lecturer from the Kaduna State University (KASU), Department of Political Studies in 2016.
The resignation according to him, followed his suspension in the university without due procedures for writing against El-Rufai, the Visitor to KASU in which he decided to leave.
At the court session on Tursday, there was tensed arguments between Danfulani’s counsel, James Kanyip and the State’s Prosecuting Lawyer, Barr. Abdullahi Isiaka.
The cause of contention was  over the propriety of the introduction of a certificate to tender some e-documents in evidence by Mukhtar Garba Maigamo, the 2nd  Principal Prosecuting Witness  (PW2).
While Kanyip argued that PW2 could not introduce the said document, because it had earlier been tendered by another witness, Isiaka kicked in favour of it.
 The Judge then stood down the session  and return to her chambers  around 12:30pm to study the debate of the two counsels and come up with a ruling.  All parties were to wait.
In the interim,  Maigamo, dressed in well starched brown brocade and a Hausa hand sewn cap to fit,  sprang  out  of the court room boisterously with some folks in his company. He stood with them outside the courtroom and his voice could be heard far away.  
His action angered a presiding Magistrate holding court nearby. The Magistrate , (name withheld) ordered his police orderly and a plainclothes man  to arrest and detain Maigamo at the Court cell for disturbing the proceedings of his Court.
Maigamo  and his lawyers attempted to ward off the arrest but he was subsequently put into the cell and locked up. After several pleas to the Magistrate, he was released about 30 minutes later.
“This is a set up,” he said after his release, “ because when I was being put in the cell, some people were taking my photographs,” he said.
 After about three hours, Justice Mohammed returned to the court to continue with the session. She ruled that the e-certified document could be tendered and accepted same as an exhibit.
She then motioned on the prosecuting Lawyer to go ahead and cross examine Maigamo.
 Maigamo said that he was a Northerner and felt “bad” by the Facebook post of Danfulani.
“What is the veracity of John Danfulani’s post,” Isiaka  asked him.
At this state,  Kanyip objected, saying it would amount to seeking the personal opinion of Maigamo, not facts from him, noting that Maigamo was ‘a witness of fact’, not ‘a witness of opinion.’  He then asked that the question be overruled.
Again, there was heated debated between the two lawyers.  In the end, the judge ruled in favour of the prosecuting lawyer.
Maigamo then went on to say that the alleged facebook post of  Danfulani was full of lies.
“I am a northerner. We don’t have the largest numbers of VVF patients, beggars and Almajiris in Nigeria,” he posited.
When it was time for Kanyip  to cross examine Maigamo he was asked  what he was doing for a living.
“I am a student”, said Maigamo.
“Are you engaged with the Kaduna State Government in any capacity,” Kanyip asked the witness.
Looking a bit nervous, he said, “yes.”
“What position are you now occupying?”
“Special Assistance to the Governor on Public Affairs,” Maigamo answered.
“You are working with Kaduna State Government. Yes or No?”
Maigamo hesitated. He then said he had some explanation to do.
Kanyip insisted that he wanted a direct answer of either “yes” or “no”. But the Judge came in support of the wish of Maigamo; and instead of ordering PW2 to answer the direct question, however, overruled Kanyip and directed that PW2 should explain himself, having said he was a student in the beginning.
At this juncture Kanyip asked for permission to confer with the defendant in the witness box. Shortly after, he returned and announced to the Judge: “My Lord, I cannot continue with this case, because I fear that my client cannot get fairness and justice in this court, so I cannot continue with the matter,” he said.
In response, the prosecuting lawyer said that Kanyip could not be compelled to continue the case against his wish. He said that the defendant was free to defend himself or seek for another counsel.
When asked if he would defend himself or seek for another  lawyer, Danfulani said he would seek the service of another Lawyer.
The case was then adjourned to 12th March, 2018.

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