Defamation Case Stalled as Judge Fails to Appear in Bauchi Court
From Abdulwahab Muhammad, Bauchi
The absence of Justice Lamido Kabir Umar of Bauchi State High Court 7 on Friday stalled proceedings in a defamation case involving a lecturer at Abubakar Tafawa Balewa University (ATBU), Dr. Usman Mohammed Aliyu, against the Head of the Chemical Engineering Department, Professor Kabiru, and a student, Kamila Rufa’i Aliyu.
The court was set to rule on an application to strike out Kamila Rufa’i’s name from the suit. However, as Justice Umar was unavailable, the hearing was rescheduled for March 13, 2025.
During previous proceedings, counsel for the second defendant, Barrister Sani Mohammed, argued that Kamila Rufa’i should be removed from the suit as no direct action had been linked to her in the defamation claim. He contended that the lawsuit was based on a petition she wrote to the university's Vice-Chancellor, which was later shared on a WhatsApp group. However, he emphasized that the prosecution failed to prove that Kamila herself had shared the petition.
"The legal principle is that 'he who asserts must prove.' Since there is no specific allegation against her, we have applied for her name to be struck out, which we filed back in November 2024," said Mohammed.
However, the complainant’s counsel, Barrister Nasiru Ilelah, opposed the motion, arguing that the defamation stemmed directly from Kamila’s petition, which led to reputational damage to Dr. Aliyu.
After heated arguments from both parties, Justice Umar adjourned the case to February 21, 2025, to decide whether Kamila’s name should be removed from the suit.
The case stems from a petition filed by Kamila’s husband, Alhaji Ja'afaru Buba, who accused Dr. Aliyu of sexually harassing his wife. Buba had submitted a formal complaint to the ATBU Vice-Chancellor, copying the Head of the Chemical Engineering Department and the Independent Corrupt Practices Commission (ICPC) in Bauchi. The university pledged to investigate the matter, but in a counter-move, Dr. Aliyu filed a defamation lawsuit, alleging reputational harm.
Summary:
A defamation case involving an ATBU lecturer, Dr. Usman Mohammed Aliyu, has been delayed due to the absence of Justice Lamido Kabir Umar of Bauchi State High Court. The case, which names the Head of the Chemical Engineering Department, Professor Kabiru, and student Kamila Rufa’i Aliyu as defendants, was set for a ruling on whether Kamila’s name should be struck from the suit.
Kamila’s lawyer argues that there is no clear legal basis for her inclusion, while the complainant’s lawyer insists that her petition led to the alleged defamation. The dispute originates from a sexual harassment complaint filed by Kamila’s husband against Dr. Aliyu. The case is now adjourned to February 21, 2025, for a decision.
End.