The Nigeria Police Force on Thursday disobeyed an order of the Federal Capital Territory (FCT) High Court in Apo, Abuja, to produce a murder suspect, Uwani Usman, to answer for the alleged killing of her husband.
Instead of complying with the court order, the Inspector-General of Police, Usman Baba, our reporter learnt, decided to grant the suspect bail after the court issued the production order at Tuesday’s sitting.
The deceased, Hussaini Usman, a businessman, was allegedly strangled to death on October 28, 2018, at his Apo residence in Abuja.
But efforts to arrest and prosecute Mrs Usman and her son, Huzaifa Usman, who are the prime suspects in the alleged murder, have been futile until last Saturday, June 11, when the police apprehended her in Abuja.
The trial judge, Angela Otaluka, had on Tuesday ordered the police to produce the defendant on Thursday.
However, in disregard of the court order, the police failed to bring Mrs Usman whom they said was at its clinic in Abuja for medical attention.
At Thursday’s proceedings, the prosecuting lawyer, Godwin Ijioma, urged the court for an adjournment to enable the police to sort out “some administrative issues” that had stalled the defendants’ prosecution.
Mr Ijioma had informed the judge that Mrs Usman was “feigning” ill health to delay her arraignment.
Displeased with the lawyer’s explanation, Mrs Otaluka wondered “how can one person overpower the entire Federal Republic of Nigeria?”
“I am giving you the last chance in this matter to produce the defendant for her to take her plea,” the angered judge said before adjourning the suit until September 26, 2022.
Mr Otaluka renewed an earlier order she had made on Tuesday, directing the Nigeria Police Force to produce Mrs Usman before the court.
Police sources informed this reporter that Mrs Usman had asked the Attorney-General of the Federation (AGF) to review her case to withdraw his earlier legal advice which asked the IGP to immediately prosecute the suspects in Mr Usman’s gruesome killing.
“Mrs Usman has been granted bail by the police despite the court’s order to produce her for arraignment,” a source said.
Suspect seeks AGF’s fresh review of the case file
“I have been briefed that the AGF has to vet the case file for the second time,” the prosecuting lawyer told the court.
“I plead with the court for an adjournment to deal with some administrative issues,” Mr Ijioma pleaded.
AGF’s legal advice
Mrs Usman, who is charged alongside her son, Huzaifa, for the alleged strangulation of her husband, had been evading arrest for nearly four years until last Saturday.
Sources familiar with the case said top police officers and politicians have been shielding Mrs Usman from prosecution.
However, a piece of legal advice from the office of the Attorney-General of the Federation (AGF) revealed that there is a prima facie case against the duo — Mrs Usman and Huzaifa.
The AGF’s letter addressed to the Inspector-General of Police, Usman Alkali, the Director of Public Prosecution of the Federation (DPPF), Mohammed Abubakar, asked the police to immediately arrest and prosecute the suspects.
In the letter dated May 13, the DPPF said: “The office of the Attorney General of the Federation having reviewed the case file is of the view that the duo of Musa Ndanusa and Adamu Umar be used as prosecution witnesses.
“In view of the above, I am further directed to inform your office to continue with the prosecution of the case.”
The letter added: “The office of the Attorney General of the Federation having reviewed the case file is of the view that the duo of Musa Ndanusa and Adamu Umar be used as prosecution witnesses.
“In view of the above, I am further directed to inform your office to continue with the prosecution of the case.”
But police sources said Mrs Usman would only be brought to court for trial if the Inspector-General of Police directs the commissioner in charge of homicide in Abuja to comply with the court’s orders.
It will be recalled that the case first came up before Samira Bature, a judge of the FCT High Court, where Huzaifa, 25, was first arraigned for murder.
He pleaded not guilty and was remanded at Kuje prison in Abuja. Huzaifa has been in detention and was brought to court on Tuesday.
Background
Family sources who are familiar with the case told Daily Trust that Mr Usman’s murder was initially linked to an armed robbery incident.
“He (Mr Usman) was said to be on his way to the mosque around 5 a.m. with Huzaifa when the assailants attacked him and asked Huzaifa to face the wall,” a family source, who asked not to be named, said.
The younger Usman was said to have told people that after he discovered his father had been killed and the assailants had left, he dragged the corpse to the sitting room from the compound and he went to call his mother before they went to the mosque to call for assistance.
The family source said this conflicting narrative led to further questions.
