UPDATED: Criminal Defamation: Court remands Mauz Magaji in correctional custody

A Kano Magistrate Court sitting at No-man’s-land on Monday ordered the remand of former Commissioner for Works and Infrastructure in Kano, Engr. Muazu Magaji in Kano Correctional Centre.

Muazu, who is standing trial on four count charges bothering on criminal defamation of character against Governor Abdullahi Umar Ganduje, was ordered to remain in prison after denied a bail application.

Muazu Magaji was first brought to the court on Friday but the arraignment was stalled because of his inability to speak at the court.

The court had directed that the suspect be remanded at the state Criminal Investigation Department (CID) where the Police medical services are to attend to his difficulties.

When he was arraigned before Senior Magistrate Aminu Gabari on Monday at Court no. 58, Mu’azu pleaded non-guilty of the four count charges read to him. After denying the charges, the prosecution counsel, Wada Ahmed Wada filed oral application, asking for adjournment to enable the prosecution present witnesses before the court.

Read Also:SERAP drags Buhari, others to court over alleged missing N3.1bn in Finance Ministry

In his reaction, the defense counsel, Ghazali Datti Ahmed who did not opposed the prosecution’s application , however moved a bail application for his client, citing section 35 and 36 of the 1999 Constitution as amended.

The defense lawyer also called the attention of the court to the health conditions of the suspect as part of justification for the bail application just as he emphasized that the suspect is a public figure whose society and family depend on largely.

In counter response, the prosecution lawyer, Wada urged the court to discountenance of the defense application, arguing that Muazu Magaji has not shown concrete and sufficient medical evidence to back his health condition.

He also urged the court to deny the bail application considering the gravity, strength and frequency of the offense.

” We hinged our evidence on the prevalence of this kind of offenses where people go to social media to abuse prominent people without respect in Kano. We also want to submit that considering the gravity and strength of the offenses and the implications of the punishment,  we urged the court to dismiss the bail applications. We also note that granting the bail can interfere with the witnesses”.

Opposing the prosecution, counsel to the suspect told the court that the accused person is still presumed innocent before the court while possessing the right to freedom of movement and liberty. He pleaded the court to grant the bail.

Read Also:BREAKING: NASS transmits amended electoral bill to President Buhari for assent

According to Wada, a complainer, one Adekunle Falola had accused Engr. Muaz Magaji of character assassination, assault and international insult with the intent to provoke breach of peace and inciting disturbance and disaffection against Ganduje.

Muaz was accused of posting  an image on his Facebook page where Governor Ganduje was having an intimate chart with a female in his office, an act, the complainer alleged was capable of portraying Ganduje as an immoral and ungodly man.

” The suspect posted a picture portraying our client (Ganduje) as an immoral and ungodly man who engaged in an extra- marital affairs with a strange woman whose face appeared in the said picture which has since circulated on social media, in a braze attempt to assassinate the character, good will and image of our client (Ganduje)”.

Wada told the court that the commission of the said offenses and other related are contrary to provision of section 114, 264 and 399 of the Kano state penal code.

In his ruling, Senior Magistrate Gabari who declined all the plea of the defense however ordered the suspect to be remanded in the correctional centre till 3rd February, 2022 when the case will resume for hearing.