Kano State Commissioner of Information just released a statement in which he claimed that the Attorney General of Kano State has instituted a “criminal case” against Jaafar Jaafar and Daily Nigerian. While reading the release, the following legal questions crossed my mind:
1. Can the Attorney General file a Charge or Complaint in this case without any investigation by the police? Or was the police rushed to complete their investigation within few hours without inviting Jaafar Jaafar or his alleged source!?
2. Or did Attorney General personally conduct the investigation? Does he have such power? Who will testify as the investigating officer? His DPP?
3. Can the Attorney General truly act as an officer of the Court in a case which involves his employer and boss from whom he takes orders?
4. Did the Attorney General only institute the suit to get Jaafar Jaafar come to Kano so that they may use the judiciary which is under the direct control of the governor (because the Chief Judge is acting at the pleasure of the Governor) to detain Jaafar Jaafar unjustifiably?
5. Or did the Attorney General institute this action to delay the doomsday?
6. Will PMB and the APC be derailed by this action? If yes, will voters be deceived by this action into re-electing Ganduje? Does APC want to play start this dangerous game?
7. Does the Kano State High Court or Magistrate have jurisdiction to entertain a suit relating to uploading a video in Abuja, the headquarters of the Daily Nigerian?
7. Can Daily Nigerian be charged for a Criminal Defamation under the Penal Code Laws of Kano State?
8. Which Court did the Attorney General go to? The same state court whose head (the Chief Judge) has been acting for ages at the pleasure of Ganduje? The same court whose head can be removed by Ganduje even today? Will this court be fair to Jaafar Jaafar, Daily Nigerian and the people of Kano State?
10. Why wouldn’t Ganduje lodge a complaint at the appropriate division of the Nigeria Police Force in Abuja? Is he afraid of the backlash that may ensue? Is he afraid that it may be difficult for him to control an Abuja judge?
11. Why wouldn’t Ganduje Institute this case before a Shariah Court where the matter can be dealt in one sitting? After all, is he not Khadimul Islam?
12. Do Ganduje and his handlers expect journalists, human rights activists and the international committee to fold their arms and watch while they use a judiciary they control to harass Jaafar Jaafar?
13. Did Ganduje… Oops! Let me keep quite before the Attorney General charges me for raising these questions before Magistrate Court sitting at Audu Bako even though I posted same on a bus between Oxford and London.
