The embattled Adamawa State House of Assembly member representing Song Constituency, Simon Isah, has lost the legal battle to stop his criminal trial in a case filed against him by a Yola based businessman Vincent Umeanozie, over alleged criminal cheating.
While on Friday ruling on the application brought by the counsel to the defendant Mr. Sule Abu, on Thursday that the case filed against his client is civil, the presiding judge Magistrate Daniel John, citing section 111,sub-section (A) of Adamawa Criminal Justice Act, ruled that the case is criminal in nature and that the lawmaker (Simon) is standing a criminal trial.
While citing section 36, sub-section (5) of the Nigerian constitution, the counsel to Isah requested the court to grant his client bail.
The presiding judge, while ruling on the oral application, granted the embattled lawmaker bail to the sum of N.5 million and one surety with the same sum.
The Adamawa State Chief Magistrate Court 2 sitting in Yola, on Tuesday this week, directed the Commissioner of Police to arrest Simon Isah, for failing to comply with the court summon served on him last month.
While delivering his ruling on the application brought before the court by Chief Godwin Ehimakhaoi, counsel to the two plaintiffs, Vikings Merchandise company Nigeria limited and Vincent Umeanozie, the presiding judge Daniel John, directed the commissioner of police to produce the defendant (Isah) in court within 24 hours after the ruling.
The judge, who expressed disappointment over the behavior of the lawmaker for refusing to honour court summon serve on him personally, said that his court cannot entertain any unlawful and unconstitutional attitude, pointing out that all human beings are equal before the law.
Isah is standing trial for alleged criminal cheating of the managing director of Vikings Merchandise Nigeria limited to tune of N.490 million been the balance of a 25KVA Denyo generator supply to him in 2014 at the cost of N2,490,000.000 but paid only N2 million naira.
The Lawmaker, last year, took the second plaintiff (Vincent) to Chief Magistrate Court 4 Yola over allegation of cheating him of $5,000.000 dollars, but he lost the case, as the court discharged and acquitted Vincent of the allegations.
The counsel to the second plaintiff told the court that the act of the defendant when properly construed is tantamount to cheating contrary to section 320 of penal code law or section 312 of penal code law of Adamawa state, 2018.
The case has been adjourned to 5/3/2020 for hearing.