Family Petitions PSC, calls for suspension of  Bauchi CP for allegedly compromising justice in murder case

From Paul Orude Bauchi

The  family, in a letter to addressed to the  PSC Chairman, copied to the State Governor, the IGP, the DG SSS, CJN, accused the CP and two police personnel of granting bail to the Ex-Commissioner despite the gravity of the  alleged crime committed, saying it is because the suspect is a prominent person in the society.

But the Commissioner of Police, Umar Sanda while reacting to the allegation, said the Ex- Commissioner was released because the police established in their preliminary investigation that the  death of Babanta was a case of accident, not intentional killing.

Sanda said investigation was still ongoing as the police actually sorted and got a court order to detain the suspect but had to release him after sick days because he was seriously sick.

The family in a petition letter addressed to the Chairman of the Nigeria Police Service Commission (PSC),Abuja, through the family’s legal counsel,  S.G. Idrees and Co.,dated November 7, 2022, a copy made available to Daily Sun, has raised alarm that the Bauchi CP has already shown bias and compromised the case.

“We write on behalf of the family of late ADAMU BABANTA on whose behalf and authority we painstakingly forward our client petition against the above mentioned personalities for compromising the cause of Justice,” the petition letter, which read in part, stated.

“The suspect is an ex-Commissioner of Information Bauchi State, a 68 years retired civil servant and a traditional title holder in the Dass Emirate Council, Bauchi State while late Adamu Babanta,  67, was a retired civil servant who served as  Chief Driver at the Abubakar Tafawa Balewa University Bauchi”

The ex- Commissioner was arrested for allegedly killing Babanta, who was his intimate friend and neighbor  in Bauchi while trying to seduce his 18 year daughter, Kadija.

“The deceased got the hint of the suspect’s devilish intention against his daughter. The information got to the door step of the deceased through his own daughter upon several complaints to the deceased that the suspect and his friend Mallam Audit now at large are romancing her mind to dislodge her chastity,”.the counsel wrote.

“The deceased and his daughter arranged to meet the suspect at a filling station close to the Abubakar Tafawa Balewa University Bauchi upon earlier booked appointment with the deceased daughter in the same evening. The young girl was the first to meet the suspect while the deceased later came caught the suspect red-handed in an abnormal posture with his daughter.

“The deceased approached the suspect courteously with caution that why is he doing this to his daughter and after few minutes of both discussion and scuffle, the suspect attempted to run away as at the time part of the deceased body already in the suspect front car seat while other part of the body was outside.

“The suspect drove his car at unprecedented speed and crushed him in a pool of blood until confirmed dead at the Abubakar Tafawa Balewa University Teaching Hospital Bauchi”

The family explained that on October 31,  a formal complaint was written to the CP against the ex-commissioner for intentional killing of Babanta and assault on his daughter Kadija.

The family, in the letter of complaint to the Commissioner of Police had demanded for transfer of the case to the Criminal Investigation department of the Inspector General.of Police IGP but the CP was out of State for official duty at the time.

The family lamented that the complaint  they made was either  not treated nor given prominence attention by the CP.

“To justify the above assertion:

The 1st respondent Umar Sanda has confirmed to the media that the Police have resolved  the incident and matter as accident case despite undisputed facts of a case of intentional killing,” the counsel.wrote.

“This is to only to give soft landing to the suspect being influential person.

“The 1st respondent instructed to file and charge the suspect under the provisions of sections 27, 29(1) and 7(1) of the Road Traffic Act Cap 543. On the 1st day of November, 2022 before the burial of  deceased the 1st respondent has since filed the case with suit no.cmc BH/2048/2022 before the Chief Magistrate Court III Bauchi under wrong provisions of the law having failed to consider the provisions of the Penal Code .

“The 2nd respondent SP Ahmad Buba on the 31st October, 2022 has  confirmed to the counsel to the  deceased and some of of the deceased family that he was able to stand on his position during their normal briefing to justify that the suspect case is not a case of accident but a case of intentional killing.

“Notwithstanding the above facts, the 1st respondent directed profiling and incidenting accident case against the suspect in order to make his case softer   and triable by inferior courts.

“On the 1st November,.2022 Counsel to the family of the deceased via text messages complaint to the 1st respondent on how the suspect is being receiving executive treatment as if he is on holidays at the Police Station.

“The 1st respondent in his reply said “I will remedy it. it’s a promise”. We now understand the type of remedy the 1st respondent is referring to.

On the 5th day of November,2022 at about 8:50 pm or thereabout the 3rd respondent(IPO) confirmed to the Counsel to family of the deceased that he did not know the whereabouts of the suspect. This was also confirmed to the Counsel by 1st respondent via phone call that he directed the released of the suspect on the ground that he did not want the suspect to die under his custody. The 1st respondent is not mindful of the allegation against the suspect.

“On the 4th Nov.2022 the 2nd respondent prepared the transfer of the case to the CID Bauchi where the Deputy Commissioner of Police CID,Bauchi directed to take the case back to the police  Station that he has not receive any instructions from the 1st respondent in respect of the matter.

“Sir, the nagging questions that follow are:

“At what stage of  investigation did the 1st respondent studied the case file by  concluding  that the matter under investigation is an accident case while he has been out of office during  7 days of investigation ?

“Did the 1st responded took the pain to invite the young girl as victim to further interface with the suspect before coming to conclusion.

“Did the 1st respondent see the Autopsy report in the case that linked the suspect with the killing of the deceased?

The answers to the above questions apparent without going further”

The 1st respondent has already taken side in the case having lose confidence in the investigation which makes him not fit to handle our client matter.

The 1st respondent communication be monitored from the date of the incident till now to ensure the level of  his participation in the compromise.

The Respondents should be suspended in handling our client case for being compromised.

All the respondents should be investigated by the commission to secure Justice for the deceased and his family.

All the respondent has breached provisions of part II of the repealed Nigerian Police Act and should also be punished.

“The suspect should be charged under section 221 the penal code law being the appropriate provision of the law along with other provisions of the law.

“The other  suspect should also be arrested and charge accordingly.

Sir, the provisions of the constitution of the Federal Republic of Nigeria are made to be obeyed and the said constitution provided thus:

 “Every person has a right to life and no one shall be de-prive intentionally of his life, save  in the execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria

“What offence did the deceased commit to warrant his execution by the suspect? but yet the suspect receives mercy and police pardon by the  respondents in trying to exonerate the suspect.

“Sir, we understand that the level of interest in the case ranging from the Traditional title holder, Judges, Politician and other influential personalities in upturning the course of Justice. The actions of the police is likely to cause anarchy in our societies.

Sir, we urge you to take the appropriate action and let justice prevail”

In his response  to the allegation raised by the deceased family, CP Sanda explained to Daily Sun:

 “The police are always being suspected of something. Whether a Policeman act in the best interest of justice or not. Honestly, it’s an accident case and we kept him in custody for six days for proper investigation.

“I think we have acted within the ambit of the law. And in order not to exceed when a suspect is supposed to be detained, we cannot continue holding him without a court order to permitting his detention. We are still investigating as to whether the suspect deliberately hit the deceased or it was an accident. If our investigation reveals that he deliberately hit him with intent to cause injury or death we will charge him for culpable homicide. But for now, investigation reveals that the deceased died due to injuries he sustained from the accident.

Whatever comes up in the course of investigation we will tell the public”

“Medical report however indicate that the deceased was hit by a car. However, our suspicion is that the suspect deliberately hit and killed the deceased, hence we have setup an investigation machinery in place to allow the law to take its course. Right now, we assume the matter to be an Accident Case.

“Interim investigation suggests that the case is an accident case hence investigation is on-going.

Right now, the suspect is on administrative bail after being detained for seven (7) days on court order because he was seriously sick and the matter has been charged to pending being assigned to a court of competent jurisdiction.

“This is our prerogative as police, don’t forget that this case is an accident case and he has spent seven days in police custody. We had to get a court order to keep him this long. We released him because his continuous stay in police custody might cause harm to him because he was very sick so we decided to grant him bail. I can assure you that we will charge him to court.

“We sought a court order because we don’t want to, detain him beyond twenty-four (24) hours in Police custody without a court order exceeding the time limit to detain a suspect.