News

Taraba magistrate accuses DPO of disobeying court order, detaining complainants

A Senior Magistrate of the Upper Area Court in Ibi, Taraba State, T.Y. Atiku, has petitioned the state Attorney General and Commissioner for Justice over alleged disobedience of a court order, interference with judicial proceedings and unlawful detention of complainants by the Divisional Police Officer, DPO, in the area.

According to the magistrate, the complainants, Tijjani Ibrahim Aminu, Ibrahim Aminu and Bello Ibrahim Aminu, approached the court on November 11 through direct criminal prosecution, accusing Kasimu of criminal force and assault, defamation, criminal trespass and disturbance of public peace.

Atiku said the court subsequently issued an arrest warrant against the defendant.

However, he alleged that around 10 am on the same day, a police officer, Sergeant Dauda Bitrus, entered his chambers and attempted to arrest the complainants, claiming that the defendant had also lodged a complaint against them at the police station.

The magistrate expressed surprise at the officer’s action, questioning why the police would attempt to arrest individuals whose case was already before the court.

He said the officer later returned to his chambers and insisted that the complainants be taken to the Ibi Police Division for questioning over the counter-complaint.

Atiku further alleged that the officer argued that the Upper Area Court lacked jurisdiction to entertain the matter.

In an attempt to resolve the disagreement, the magistrate said he allowed the police to take the complainants but directed them to return with both parties within one hour for the formal mention of the case.

He alleged that the officers failed to comply with the directive and instead detained the complainants at the police division.

The magistrate also accused the DPO of commencing proceedings on the same dispute at the police station on November 11 and adjourning the matter for further hearing of witnesses.

Describing the development as an interference with judicial proceedings, Atiku said he subsequently wrote to the DPO, directing him to produce the parties before the court at 9 am on November 12.

He alleged that the police failed to produce them when the court commenced sitting at the scheduled time.

Expressing concern over what he described as disregard for judicial authority, Atiku stated in the petition:

“It is funny that we still have police officers that don’t know that the court can give appropriate orders when the need arises.”

He argued that police officers must understand the limits of their investigative responsibilities and respect the authority of the judiciary.

The magistrate further warned that such conduct could undermine the administration of justice and worsen insecurity, particularly in Southern Taraba.

He also expressed concern that some officers allegedly failed to recognise the professional boundaries between police investigations and judicial functions.

Atiku appealed to the Attorney General to intervene and draw the attention of the Taraba State Commissioner of Police to the incident.

He also requested an investigation into the conduct of the officers involved and appropriate disciplinary action against those found culpable.

Additionally, he called for regular training and retraining of police personnel to improve their understanding of their professional responsibilities.

The petition was copied to the Chief Judge of Taraba State, the Commissioner of Police, Taraba State Command, the Chairman of the Magistrates Association of Nigeria in the state, the chairmen of the Nigerian Bar Association branches in Jalingo and Wukari, and the DPO, Ibi.