The suspect, who was apprehended by the secret service at a location within the city centre, was accused of illegally harbouring the ranks of ammunitions without due authorization.
Arraigning the suspect before Justice Muhammad Nasir Yunusa of the Federal High Court sitting in Kano, Counsel to the service, Barr. Isiahya B. Bulus, revealed that act of conduct the suspect was accused of, was contrary to section 8 and punishable under section 27 subsection 1(b) of the Fire Arm Act., Cap F28, laws of the Federation of Nigeria, 2004.
Although, the accused pleaded not guilty to the one count charge against him, he subsequently through his counsel, Barr. Maaruf Yakasai, filed a preliminary objection challenging the jurisdiction of the court to proceed on the matter.
The defense counsel also challenged the powers of the SSS to prosecute the criminal suit without fiat from the office of the Attorney General of the Federation.
Reacting to the substance of the charge, however, Barr. Yakasai expressed worry over what he described as Nigerians concern on the charge and not whether or not the offense was committed. He maintained that due diligence on the matter would be done à as the suit unfold.
While the counsel to the service claimed that the suspect was found in possession of the ammunition without documentation, Yakasai insisted that further hearing on the case would prove otherwise.
Yakasai said: “The case was filed in the name of SSS vs the name of my client and we objected to that through a preliminary objection, because as far as the laws establishing the agency is concerned, the service do not have the power to prosecute in their name.
“And the enabling status of the National Security and Intelligence Agency Act, which created the SSS, did not empowered them to prosecute anybody. They can only arrest and investigate,” Yakasai claimed.
In his ruling, Justice M. N. Yunusa agreed with the submission of the defense counsel that laws established the SSS did not expressly authorise prosecution powers without obtaining necessary authorities from the office of the AGF.
The court therefore ordered complainant to apply for the fiat of the AGF or transfer the case to the office of the AGF, while directing the suspect to remain in custody of the Nigerian Correctional Service, (NCS), pending the conclusion of the processes.
Reacting to the ruling of the court, counsel to the complaint, I.B. Bulus expression satisfaction while noting that necessary consultation would be carried out to assertain the next line of action.
