745
A Kaduna State magistrate court has ruled that it lacks jurisdiction to hear the case of cybercrime instituted by the Governor Nasiru El-Rufai led Kaduna State government against a businessman and former governorship aspirant, Alhaji Jafaru Sa’ad.
Alhaji Jafaru, who is also Galadimawan Ruwan Zazzau
was arranged Wedesday before the Chief Magistrate Court 1 along Ibrahim Taiwo road on charges bordering on alleged abatement and conspiracy to commit cybercrime by the state government.
The Chief Magistrate Hassan however declined jurisdiction after both the prosecuting and defense counsels had concluded their address insisting that cybercrime matters are exclusive matter that ought to presented before a federal court.
In an interview with pointblanknews.com, the lead counsel to the defendant, Barr. Jafaru Abbas Ibrahim and his partner Barr. Baba Lawal Aliyu said the alleged cybercrime offence was a personal discussion.
Barrister Ibrahim said, “According to First Information Reports (FIR), the state commissioner of finance, Mohammed Bashir Saidu called one Galadima in Zaria. After he finished the discussion, Bashir Saidu erroneously forgot and maybe called Galadimawan Ruwan which is Jafaru Saad, the suspect, and when Saad picked the call, Bashir Saidu apologised and said it was an error but he maybe forgot to put off his call from his end on his gsm.
“And Jafaru Saad, haven heard the kind of conversation going on, decided to record it, and that was all”, he said.
He said, “In this case, the suspect, Galadimawan Ruwan was arraigned before the Chief Magistrate Court for the offence of cybercrime Act 2015.
“We objected to the arraignment on the ground that magistrate has no jurisdiction to hear and even take cognizance of the offence. The Chief Magistrate invited us to address him, and after addressing him, he agreed with our view that section 50 of the cybercrime Act 2015, expressed that it’s only a federal high court that is vested with exclusive jurisdiction to try anything under cybercrime. That’s exactly what happened this afternoon. The magistrate, therefore, declined jurisdiction over the matter”, Barr. Ibrahim said.
On the part of the Kaduna state government, even though the Director of Public Prosecution (DPP), Bayero Dari, declined comment on the ground that he was instructed not to say anything in the court, his opponent however said the only option left for them is to go to a federal high court.
Barr. Ibrahim maintained that “their next line of action naturally is either to prepare charges and take the matter to a federal high court or terminate the case because it is only a federal high court that can hear the matter, and that’s the court they don’t want to approach from their body language because no other court can hear the matter except a high court.”
Findings revealed that the suspect, Jafaru Saad, Galadimawan Ruwan who differed with the government on the appointment of Zazzau Emirate tussle was detained for over a week by the state for recording and releasing the said audio to the public including security.
The audio conversation had to do with the alleged discussion on the armed thugs that attacked the protest rally of the organized labour which held in Kaduna state recently and which went viral.