A high court sitting in Minna, Niger state, has issued a warrant of arrest for Faruk Yahaya
chief of army staff Faruk Yahaya has been issued a warrant of arrest (COAS), for contempt. The high court sitting in Minna, Niger state, has issued a warrant of arrest for Faruk Yahaya, chief of army staff (COAS), for contempt.
The warrant was issued on Monday by Justice Abdu Aikawa, following a suit filed by the chairman of Niger state Christian religious leaders council, Revd. John Hayab.
The warrant was issued on Monday by Justice Abdu Aikawa, following a suit filed by the chairman of Niger state Christian religious leaders council, Revd. John Hayab.
The judge ordered that Yahaya be arrested and taken before the court where he will be arraigned for contempt and jailed if convicted.
Hayab had sued Yahaya for allegedly violating the fundamental human rights of Christians in the country and failing to obey several court orders.
The court had issued a warrant of arrest for Yahaya after he ignored multiple orders from the court, including a decision to hold him in contempt of court.
In his suit against Yahaya, Hayab had said the COAS acted illegally when he failed to obey several court orders related to the deployment of troops, especially those on duty in Niger state where Christian religious leaders have reported attacks by Boko Haram militants.
Specifically, Hayab dragged Yahaya before the court over his order that troops battling Islamic State West Africa Province (ISWAP) in the northeast should shoot any Christian soldier seen carrying a bible.
Specifically, Hayab dragged Yahaya before the court over his order that troops battling Islamic State West Africa Province (ISWAP) in the northeast should shoot any Christian soldier seen carrying a bible.
The court issued a warrant of arrest for Yahaya on January 19 and he was expected to appear at 9am this morning. He could be jailed for up to two years if found guilty on charges of contempt by Justice Okon Abang Ani who presided over the case along with Justices Umar Hassan Awalu, Alhaji Yakubu Yerima and Musa Ibrahim Bala Mohammed.
In his application for the arrest warrant, Hayab said Yahaya’s deliberate disobedience of several court orders dated February 23, 2021 and March 6, 2021 amounted to contempt and warranted an arrest.
The application for the warrant of arrest was filed by Chief Suleiman Abubakar, a lawyer who previously served as a judge.
In his application for the arrest warrant, Hayab said Yahaya’s deliberate disobedience of several court orders dated February 23, 2021 and March 6, 2021 amounted to contempt and warranted an arrest.
He said despite being served with motions on notice in his office at army headquarters in Abuja, as well as repeated letters urging him to appear before the high court to file his defence within three days, the army chief refused to do so.
The high court sitting in Minna, Niger state, has issued a warrant of arrest for Faruk Yahaya, chief of army staff (COAS), for contempt.
He said despite being served with motions on notice in his office at army headquarters in Abuja, as well as repeated letters urging him to appear before the high court to file his defence within three days, the army chief refused to do so.
The judge who presided over Tuesday’s hearing is Justice Anselm Uyi Akorluf Yaro.
“The defendant has refused, neglected and/or failed to appear before this honourable court or file his defence since he was duly served with the motion on notice on March 12 and 17, 2021,” the applicant said.
You, Mr. Faruk Yahaya, have failed to show up at this honourable court or file your defence since you were duly served with the motion on notice on March 12 and 17, 2021.
The applicant said that she was informed by her counsel that he had sent a letter to COAS expressing his inability to attend court because he was ill and needed rest for two weeks following which he would appear before the court again.
“And despite being served with several subsequent letters reminding him of his statutory duty to appear before this honourable court within three judicial days from March 19, 2021.”
The high court sitting in Minna, Niger state, has issued a warrant of arrest for Faruk Yahaya, chief of army staff (COAS), for contempt.
Hayab had sued Yahaya for allegedly violating the fundamental human rights of Christians in the country and failing to obey several court orders.
The case dates back to December 2018 when Hayab filed suit against Yahaya before the Federal High Court sitting in Minna over his failure to implement Section 16(7) of the 2014 Nigerian Constitution which states: “The Minister shall ensure that there is no discrimination on grounds only or primarily religion or belief against any person on account of religion or belief; and may establish measures as may be necessary to achieve such object”
