By Ben A Sako –
The Kaduna state government through the office of the Attorney – General and Commissioner for Justice, has directed that a criminal case filed by the Nigeria Police against Yahaya Maikori be discontinue with immediate effect.
The directive was given in letter written by the AG, Aisha Dikko; dated 20th November, 2019 and acknowledged in the office of the Chief Magistrate Court No 3 Daura Road on the 24th January, 2020.
The letter stated that section 211 (1) (c) of the constitution of the Federal Republic of Nigeria 1999 (as amended) conferred on her the power to discontinue criminal case pending before a court in the state.
But the complainant, Alhaji Aminu Aliyu, who had complained to the Police of a disagreement that ensued after he rented an apartment to Yahaya Maikori, urged them to intervene.
Elanza News reports that the police observed the case was criminal in nature and decided to sue Yahaya Maikori at the Magistrate Court, but the Kaduna State Attorney General has asked for the withdrawal of the case.
Sections 174(3) and 211(3) of the 1999 Nigerian Constitution provide that in exercising their prosecutorial powers, the Federal and States’ Attorneys-General ‘shall have regard to the public interest, the interests of justice and the need to prevent abuse of legal process.
But the counsel to the complainant, J A Achimugu had earlier written on behalf of his client, Alhaji Aminu Aliyu, to the Attorney General following the AG’s request to terminate the First Information Report (FIR).
The letter addressed to the AG’s office on the 10th December, 2019 by J A Achimugu and Co, stated that his client, Alhaji Aminu Aliyu, “who is the victim of the alleged offences in the FIR feels very strongly that the request of the Hon Attorney General is very strange and denial of justice to him from the fountain of justice.
“The desire to terminate the FIR in favour of Yahaya Maikori and two others is clearly designed to aid and facilitate their pending civil suit against our client before the High Court, No 8 of Kaduna State where they are alleging malicious complaint by our client against them.
“The defendants who are to be favoured by the request for the termination of the FIR have a civil suit against our client rising from the same FIR where they are claiming inter alia the sum of N15 million against our client and coming up for hearing on 22rd January, 2020.
“When the Hon Attorney General wanted to have the parties settle this matter through the Office of the then O/C Legal Police Headquarters, Kaduna, our client did not refuse but Yahaya Maikori never showed up for any settlement,” the lawyer said.