[2018]DLHC3451 • November 14, 2018 • High Court
THE REPUBLIC vs. THE DISTRICT COURT EX PARTE ADAM BAWA GUNTA AND OTHERS
Applicants Adam Bawa Gunta and others were arraigned before the District Court on charges of conspiracy to commit murder and murder. The District Court Magistrate indicated he had no jurisdiction to grant bail, prompting Applicants to apply for and obtain bail from the High Court pending trial. After committal proceedings completed, the District Court purported to revoke the High Court bail by ordering Applicants to be remanded in prison custody for safe keeping.
read moreApplicants have invoked the supervisory jurisdiction of the High Court coming under Order 55 of the High Court (Civil Procedure) Procedure Rules, C.I 47 for orders for judicial review of the decision of the District Magistrate dated the 9th of May, 2018. More specifically the Applicants seeks the following reliefs from the court: i. A declaration that the District Court exceeded its jurisdiction when it ordered Applicants to be reminded in prison custody for safe keeping even though this court had already granted me bail pending trial. ii. An order of certiorari bringing up into this court for purposes of being quashed and quashing the order of the District Court that I myself and three other Applicants be remanded in prison custody for safe keeping. The basis for the invocation of the supervisory jurisdiction of the High Court by the Applicants have been set out in the various affidavits of Adam Bawa Gunta, Mohammed Issah and Yakubu Ibrahim that accompanied the application. ...