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By Bala Yahaya, Minna
15 May 2023 |
12:19 am
A Minna Senior Magistrate’s court in Niger State, has remanded two officials of the state civil service in correctional Custodial Centre for alleged extortion and forgery.
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A Minna Senior Magistrate’s court in Niger State, has remanded two officials of the state civil service in correctional Custodial Centre for alleged extortion and forgery.
The suspects: Mohammed Kudu Yusuf and Aliyu Abdullahi, were charged by the police on four-count charge bordering on criminal conspiracy, criminal breach of trust, cheating, forgery and taking gratification in respect of official act.
According to the police prosecutor, Inspector Aliyu Malami, their offences contravened sections 97,314,115 and 364 of the penal code. The Penal Code Act is the law concerning offenses and their punishment and it is applicable in the northern part of Nigeria. The Act was adopted on September 30, 1960. The Penal Code Act contains a total of 25 Chapters and 410 sections.
The suspects were from the state’s Ministry of Mining and Universal Basic Education Board (NSUBEB), and all residents of Minna, the state capital.
They were allegedly deceived by one Aminu Adamu of Shango area of Minna and Bala Emmanuel of Sauka Kahuta area, also of Minna, into paying the sum of N280,000, under the pretence of offering them with provisional appointment with the Niger State Primary Health care Development Agency and Niger State Basic Education Board, knowing fully well that it was a fraudulent transaction.
They were also alleged to have dishonestly obtained the money and converted it to their personal use and issued them with forged and fake appointment letters.
During police investigation, they both confessed to have committed the crimes and the sum of N180,000 was recovered, and handed over to the plaintiffs.
When the charges were read to them they pleaded guilty and the prosecutor asked that they be convicted under summary trial, in accordance with the provision of section 157 of the Criminal Procedure Code (CPC).
However, It was gathered that the court lacked the jurisdiction to convict them as requested by the prosecutor.
Consequently, Senior Magistrate Ahmed Musa Aliyu remanded them in correctional custody, until they will be taken to the court of competent jurisdiction for their conviction.
“It is only the Chief Magistrate Court that has the competent jurisdiction of convicting and to pass sentence on them, the offence of forgery carried 15 years jail term
“And the senior Magistrate lacks the jurisdiction to pass that sentence on them, which was the reason they were ordered to be remanded,” a senior lawyer said.
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