The presiding judge of the Upper Shariah Court sitting in Bauchi, Hussaini Turaki, has issued an arrest warrant on the chief imam of Dusten-Tanshi Jumma’at Mosque, Dr. Idris Abdul’aziz, for his failure to appear before the court.
Dr. Abdul’aziz has been on trial in a case bordering on alleged contempt against Prophet Muhammad (PBUH) and disturbance of public peace.
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The imam was arrested and arraigned following a petition by Fityanul Islam to the Bauchi State Police Command accusing him of uttering demeaning words against the person of the Prophet of Islam and prominent Dariqa scholars. Later, the Bauchi State Attorney General took over the case from the police.
In his ruling yesterday, Turaki ordered security agencies in the state to arrest Dr. Abdul’aziz and make him appear before the court, having served him with a hearing notice and summons.
The state counsel, Barrister U.B. Babayo, said after summons were served on Dr. Abdul’aziz and he refused to honour them, they applied “substituted service to be pasted on the last known address of the defendant, which the court did for him to come, but he refused.”
He said counsel for the defendant had filed a motion of appeal at the Court of Appeal, Jos Division, but the motion has not been moved, adding that it is the responsibility of the court to move the motion for him.
Babayo said that although the prosecution counsel filed its counter to the motion of the defendant, the matter cannot be left to continue being unattended to.
The counsel to Dr Abdul’aziz, Barrister Ahmad Musa Umar said the court revoked the bail earlier granted to the imam and “erroneously” summoned the surety who stood for him arguing that they forfeited the bond.
“The court earlier revoked the bail of the defendant, so by revoking the bail of the defendant, it automatically discharged the first and second sureties who stood for him,” he said.
Umar said they have filed an appeal on the matter at the Court of Appeal Jos Division and served the Shariah court as a party in the case.