The Executive Chairman of Lamurde Local Government of Adamawa state,Mr Vrati Nzonzo has written a letter of complain against the chief magistrate court No.3 Yola presided by Hon. Mumsi Bansi Odo seeking for the transfer of the case from the Chief magistrate court No.3Yola to any other court.
Vrati who is the petitioner and lodged a formal complain to the chief magistrate office,signed the letter complaining that the Court did not followed due diligence of summoning him. On the letter which dated 21th of May 2018 and read in parts States that:
“From information I received from my counsel M.J. Ifegwu Esq a summons was issued on the 16th May 2018 by the Chief Magistrate court No.3 Yola against me. By the summons I was required to appear in Court on the 17th of May 2018.
” No effort was made to personally serve me with the summons and the Court directed the registrar of the Court to go and paste the summons at my former residence in Jimeta Yola Adamawa State.
“The summons pasted on the said House required me to appear on Thursday 17th of May 2018 and the Court clerk later came and changed it to Friday 18th of May 2018.
” I’m the elected chairman of Lamurde Local Government Area council of Adamawa state and thus ordinarily resident in Lamurde and not in Yola, thus outside the jurisdiction of the Chief magistrate Court No.3 Yola.
“My counsel informed me that by the provision of section 49 of the criminal procedure code (CPC),summons are made personally on an accused person and by section 52 of the CPC,service by substituted means can only be resorted to after ” diligent effort “at personal service has been made and by section 54 of the CPC personal service is made at the locality where the accused resides. The registrar, one Helda Daniel Ayuba, swore to an affidavit of service dated the same 16th of May 2018 on which the summons was issued. There is no indication of how efforts at personal service were made and where the efforts was made on the same affidavit.
” That my counsel informed me that since I’m the chairman of Lamurde local government and resides outside the jurisdiction of the magistrate Court No.3 Yola section 54 of the CPC ought to be complied.
“On the 17th of May 2018 my counsel M.J. Ifegwu Esq was at the magistrate Court Yola No.3 Where he met the chief magistrate court in chambers in a meeting with Staff of the Court and told the magistrate he came in respect of the matter. The magistrate has then informed M.J.Ifegwu Esq that the matter is coming up on the 18th of May 2018.
” I have been informed by some of my friends whom I believe to be telling me the truth that the complainant in the matter who is a lawyer and serving commissioner in Adamawa state and from the same local government as me is a close friend of the Chief magistrate presiding chief magistrate court No.3 and both of them are members of federation of women lawyers (FIDA) Adamawa state and that the initial plan was to take me to prison on the 18th of may 2018 to prevent me from participating in the Adamawa state APC state party Congress taking place from today.
“That my counsel informed me that on the 18th of May 2018 when the case came up the two counsel who appeared in the matter for the complainant are both from FIDA and that the court was filled to the brim with FIDA members and the journalists/Press who were all invited by the FIDA.
” That the case as filed before the Chief magistrate Court No.3 Yola was published and disseminated on the internet and social media by the members of the FIDA.
“That facts of the case and all that is involved are politically motivated and the claims of the complainant against me are false.
“That I’m informed by my counsel that he objected to the court on the 18th of May 2018 that service has has not been properly effected on me as required of the law and the Court went a head to order service be effected on my counsel himself in court.
” That from the above facts, I’m now afraid that the chief magistrate presiding Chief magistrate court 3 Yola Hon. Mumsi Bansi Odo in her capacity as an active member of FIDA is personally,emotionally and directly/indirectly interested in the matter filed before the Court and as such I’m not likely to get a fair hearing in the matter.
“That my counsel M.J.Ifegwu Esq has informed me that owing to the way proceedings was conducted on the 18th of May 2018 and the ruling made by the court, he is not willing to appear to represent me in this matter again before the same court.
” My counsel, informed me that he came into the Court late for the ruling but before the matter was adjourned, yet the chief magistrate refused to acknowledged/record his presence in court and refused to him audience when the next adjourned date was taken to Friday 25th of May 2018 which date is not convenient for him as he had already planned to travel to Aba in Abia state on the 24th of May 2018 for urgent personal matters.
“My counsel M.J. Ifegwu Esq informed me that from the whole scenario painted at the proceedings a FIDA member is the complainant against me,the prosecuting counsel are FIDA members and the presiding magistrate is a FIDA member. That in the circumstances FIDA is the complainant, the prosecutor as well as the Judge in my matter.
” Therefore in the circumstances i humbly request a transfer of the case from the chief magistrate court No.3 Yola to any other court having jurisdiction in the matter that will not be influence by any relation or affiliation to the complainant or FIDA.” The letter red
According to Mr Nzonzo he wants the Chief Judge of Adamawa state and whole world to know that the case against him by Hon.Odo will not give him a fair treatment.
