By Achadu Gabriel, Kaduna
The Magistrate Court, Ibrahim Taiwo road, in Kaduna State has ruled that it has no jurisdiction to hear the case of cyber crimes instituted against a business man and former Governorship aspirant, Alhaji Jafaru Sa’ad, Galadimawan Ruwan Zazzau.
The Chief Magistrate Hassan gave the ruling on Wednesday evening after the Prosecuting and defense Counsels finished addressing the court on case of cyber crime leveled against the defendant by the state government.
Alhaji Jafaru, a former Governorship aspirant in kaduna State, was arranged before the Chief Magistrate court 1 on charges bordering on alleged abatement and conspiracy to commit Cyber crime by Governor Nasir El-rufai led Government.
In an interview with the lead Counsel to the defendant, Barr. Jafaru Abbas Ibrahim and his partner Barr. Baba Lawal Aliyu, the duo said the alleged Cyber crime offence was a personal discussion.
“According to Frrst Information Reports (FIR), the state commissioner of financial Mohammed Bashir Saidu called one Galadima in Zaria.
After he finish the discussion, Bashir Saidu erroneous forgot and maybe called Galadimawan Ruwan which is Jafaru Saad the suspect. And when Saad picked the call, Bashir Saidu apologize, and said it was an error but maybe forgot to off his call from his end on his gsm.
“And Jafaru Saad, haven had the kinds of conservation going on, decided to record it, and that was all”, they said.
Barr. Ibrahim, the lead counsel to the suspect, in an interview also said “In this case, the suspect Galadimawan Ruwan was arranged before the Chief magistrate court for the offence of cyber crime Act 2015.
“We objected to the arrangement on ground that magistrate has no jurisdiction to hear and even take cognisance of the offence.
“And the Chief magistrate invite us to address him, and after addressing him, he agreed with our view that session 50 of the cyber crime Act 2015, expressed that it’s only federal high court that is vested with exclusive jurisdiction to try anything under cyber crime and that’s exactly what happened this afternoon. And magistrate therefore declined he has no jurisdiction”, Barr. Ibrahim said.
On the part of Kaduna state governmnent, even though the Director of Public Prosecution (DPP) Bayero Dari, declined comment on ground that he was instructed not said anything in the court, his opponent however said the only option left for them is to go federal high court.
Barr. Ibrahim maintained that “their next line of action naturally is either to prepare charges and take him to to federal high court or terminate the case because only federal high court can hear the matter, and that’s the court they don’t want to go from their body language because no court can hear it except them.
The suspect, Jafaru Saad was arranged on charges of abatement and conspiracy to commit cyber crime before Chief Magistrate Hassan in court 1 Ibrahim Taiwo road Kaduna on Tuesday.
Findings revealed that the suspect, Jafaru Saad Galadimawan Ruwan who was differ with governmnent on 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 alleged discussion on the armed thugs that attacked the protest rally of the organized labour held in Kaduna recently which went vital.