The Kaduna State High Court on Monday again adjourned the trial of a former Bureau Chief of Vanguard Newspaper, Luka Binniyat.
Mr. Binniyat was arrested and detained for 96 days in 2017 by the Kaduna State Governor, Nasir El-Rufai, on allegations of malicious falsehood and public disturbance.
The case was previously handled by Justice Bashir Sokula, who died a few days after granting bail to the accused journalist.
It was later reassigned to Justice Mairo Mohammed in January.
However, when the case was mentioned before Justice Mohammed, former Commissioner for Justice and Attorney General of the state, Mark Jacobs announced appearance for the accused journalist.
Mr. Jacobs also said drew the judge’s attention to a motion he filed on May 22, challenging the court’s jurisdiction to hear the case.
He argued that counsel to the litigant has been served and, therefore, prayed the court to quash the suit.
However, the prosecution counsel kicked against the move and insisted that Mr. Binniyat be tried based on the suit before the court.
The counsel to the litigant asked the judge to allow the charge brought against the accused person to be read and a pleading obtained.
He insisted that the motion on notice filed by the counsel to the defendant did not invalidate the existing suit before the court.
The legal practitioner also prayed the court to allow him to file a motion to amend the charges brought against Mr. Binniyat.
The presiding judge rejected the plea on grounds that the case was yet to be properly brought before her court.
“I cannot take your motion to amend a charge that is not even before me,” Justice Mairo.
Despite the judge’s refusal, the legal practitioner continued to press for the motion to amend charges filed against the accused to be taken.
“Our humble prayer before My Lord is that our motion for the amendment of the charges filed against the accused be taken before any other thing,” the lawyer said.
The judge attempted to persuade the young lawyer to allow the due processes of the court to take effect to no avail.
“You cannot build something on nothing. What are you trying to amend when there is nothing presently before me,” she asked the lawyer.
“You cannot ask me to kill someone who is not before me and expect me to do that. The case must first of all be brought before me in a proper way and the charges read to the accused and his pleadings taken before any other action can be taken.”
While the judge and the prosecution were arguing on whether the case was properly filed, Mr. Binniyat had stuck his two hands inside his pocket and was watching the exchanges from the dock.
Turning to the accused, the judge threatened, “Mr. Luka Binniyat, if you don’t remove your hands from your pockets, “walai” I will check what is inside those pockets and bring them out before this court.”
With that Mr. Binniyat immediately pulled his hands from the pockets and stood motionless before the court as the argument between the judge and the prosecution counsel continued.
After close to 30 minutes of exchanges, the judge again threatened the counsel to the plaintiff to sit down and allow a new date to be taken for the commencement of trial.
The two parties agreed on June 27 and the case was immediately adjourned.
