Subpoena
By Mohammed Ahmed Kaigama
Bauchi, July 12, 2018 (NAN) A Bauchi High Court on Thursday issued an order compelling the management of Abubakar Tafawa Balewa University, (ATBU), Bauchi, to present all documents relating to the compilation, transmission and issuance of final year results of one of its former students, Mustapha Isa.
At the resumed hearing of a case of defamation of character instituted by Isa against Dr Idris Abdullahi, one of his former lecturers, counsel to the plaintiff, Mahmoud Abdulkareem, after leading his client in evidence, had requested the court to compel ATBU to tender his (Isa’s) final year examination documents before the court.
In his submission after cross-examining the plaintiff, counsel to the defendant, Nasara Joshua, said he was not against the court granting the request of Abdulkareem.
Trial Judge, Justice Abdulkadir Suleiman, therefore directed that a subpoena be issued to the Registrar of ATBU, Dr A.G. Hassan, as well as the Dean, Faculty of Management Sciences of the institution, Dr Idi Ningi, to present the documents in court on the next adjourned date.
The judge then adjourned the case till July 30, for continuation of hearing.
The News Agency of Nigeria (NAN) reports that Isa, now a lecturer with Abubakar Tatari Ali Polytechnic, Bauchi, also former student of Dr Idris Abdullahi, had dragged his former lecturer to court seeking N4million as damages over an article written by the defendant.
He is also requesting for an apology, a retraction of the publication, as well as a perpetual injunction stopping further publication of the offending article, carried by a newspaper.
In his statement of claim, the plaintiff alleged that the defendant had accused him of engaging in examination malpractice while he was a student, making reference to his ATBU examination number.
According to him, a committee on examination misconduct set up by the institution has cleared him, hence his graduation from the university.
He is therefore alleging that the defendant’s article is malicious and defamatory, and aimed at ridiculing him.
In his reply contained in his statement of defence, the defendant said he never mentioned the name of the plaintiff but insisted that whoever was bearing the registration number published was engaged in examination malpractice.
“The registration number of the candidate in question was captured, not to defame his character, but rather to vividly report the case to the Visitor (to ATBU).
“That I am only trying to make. ATBU do the needful about the purported case of exams malpractice, to avoid cheating the weaker ones,” he said in part in his statement of defence.
He therefore described the plaintiff’s claim as “frivolous, vexatious and without merit,” as such should be “dismissed with substantial cost.”
He also sought by way of counter -claim, an award of N1 million as general damages. (NAN)
MAK/ASH