By Our Correspondent
A Federal High Court sitting in Jos has ordered the Chief Medical Director (CMD) of Barau Dikko Specialist Hospital, Kaduna to appear before it on Jan. 29, 2020 to explain the cause of alleged death of a suspect in Police custody.
Our Correspondent reports that on Oct. 29, the Police, through its counsel, Mr Joshua Ayanna, told the court that the suspect, Mr. Nanpon Sambo, fell ill and dead while in custody.
They had claimed that Sambo, who is facing prosecution over illegal possession of fire arm, took ill and was rushed to the said hospital in Kaduna, where he died.
Justice Dorcas Agishi, the presiding Judge, Federal High Court 1, last Wednesday ordered the CMD to appear before it to confirm Sambo’s death with details on how and cause of death.
However the judge gave the order after Sambo’s Counsel, Mrs. N.S. Dafam, made an application for an order for the Hospital CMD to appear in court to confirm the truth about the Police claims on the death of Sambo through the Hospital’s records.
Dafam had made the application after Ayanna had withdraw his motion seeking for stay of order to the IGP and Deputy Commissioner of Police (DCP), Abba Kyari, Officer in Charge of Intelligence Response Team (IRT), to appear before the court to explain why contempt charge would not be slammed in the for disobeying its order.
“The CMD of Barau Dikko Specialist Hospital, Kaduna was hereby ordered to appear before this honourable Court on Jan. 29, 2020 in person or through any senior medical representative of his choosing to confirm on oath whether any person with the name Nanpon Sambo was rushed, pronounced dead and an autopsy carried out on his body,” the court ordered.
“The CMD is also hereby ordered to also answer any other question pertaining to what the hospital did or know about the case,” Agishi ordered.
Earlier, on commencement of sitting, Ayanna, had applied for the withdrawal of his motion of the IGP and Abba Kyari, seeking for stay of execution of the earlier order of court made on Oct. 29, directing the production of Nanpon Sambo dead or alive.
The application, followed a challenge put up by Sambo’s Counsel, Dafam, who described it as incompetent having characterized by several defects.
According to him, instead of writing Applicant for the IGP and DCP Abba Kyari as the person’s seeking for stay of execution, he (Ayanna) wrote appellants for them, “, and the federal high court Jos is not sitting on appeal in that case nor it it an appellate court.”
“The second defect with his motion is that the suit Number on his motion, which is a different suit Number from the suit Number of this case. Instead of 106 he wrote 109,” Dafam argued.
He had also raised a point of law, as to whether any kind of stay can be granted at the interlocutory level in a criminal matter.
Consequently, Ayanna applied to the court to withdraw his defective motion and same was granted and struck out accordingly for been incompetent.