Defamation; absence of judge stalls trial
From Muhammad Ahmad saka, Bauchi
The absence of Justice Lamido Kabir Umar of a Bauchi State High Court number seven in Bauchi, on friday, stalled the ruling on alleged defamation of character filed by a Lecturer with the Abubakar Tafawa Balewa University (ATBU), Dr Usman Mohammed Aliyu against the Head of Department Chemical Engineering of the varsity Professor Kabiru and their student Kamila Rufa'i Aliyu.
Justice Lamido Kabir Umar has fixed February 21, 2025 for ruling whether to strike out the name of the second defendant The matter, which was fixed for today Friday could not proceed because Justice Kabir was not around
At the resumed hearing today, the court registrar informed counsel of the Judge's absence Counsel deliberated and agreed to return for continuation of trial on March 13, 2025.
Counsel to the second Defendant Kamila Rufa'i , Barrister Sani Mohammed prayed the court to strike out the name of Kamila on the suit,
"Having filed that case we filed an application to strike out her name because they did not disclose the course of action against her,"
We want Kamilah Rufai's name to be stricken out because they didn't not specifically say any offence she has committed.
""The course of action as per the rate of summon is for defamation of character that the petition she had written to the Vice Chancellor was posted on a whatsapp group of postgraduate lecturers or something like that, in the whole of the process there was nowhere it was particularly stated that on a particular day that she participated or she was the one who posted that thing . He who asserts must prove the law. If there is no course of action against you, you can apply for your name to be strike out and that is exactly what we came to the court to do which we have applied to the court since November 2024"
But counsel to the complainant Nasiru Ilelah had objected to the removal of the name of Kamila from the defamation because the defamation emanated from the petition she wrote.
After a heated argument between Complainant and the defence counsel the Presiding Judge Justice Lamido Kabir Umar adjourned the case to February 21, 2025 for the court to decide if court will strike out kamilah Rufa'i:s name or not
You would recalled that Kamila Rufa'i's husband Alhaji Ja'afaru Buba had sent a petition to the authorities of the ATBU University to investigate the conduct of Dr Aliyu of the Department of Chemical Engineering for alleged sexual harassment of his wife who refused to have illicit affairs with him.
Buba's lawyers had filed a petition before the Vice Chancellor of the University and copied the Head of Department Chemical Engineering Department, A.T.B.U. Bauchi and Resident Anti-Corruption Commissioner, Independent Corrupt Practices ICPC. Bauchi, Office.
He said when they filed their petition the University Management pledged to investigate and do justice to it, but in a twist the embattled lecturer filed a suit before Bauchi State High court and alleged defamation.
In the petition filed by the complainant his Chief Counsel Barrister Mohammed Sani Esq said "We hereby forward this complaint to you for and behalf of our client, Camila Rufai Aliyu of Chemical Engineering Department, Abubakar .
End