Magistrate Court Dismisses Hon . Beni Lar, Ubandoma Case Of Facebook Post On “,Out Of Wedlock Children “
A Senior Magistrate Court sitting at Kasuwa Nama Area of Jos North Local Government Council of Plateau State on Thursday has thrown away a suit filed by Hon Beni Butmak Lar the Member Representing Langtang Federal Constituency and the Chairman of Langtang North LGA, Hon. Joshua Laven Ubandoma over an alleged post on Mr. Ponfa Zingfa Facebook page urging her to present the paternity of the two children which is alleged to have come through out of wedlock.
It has been three weeks in awaiting trial, where the 18-year-old Ponfa Zingfa was kept detention and arraigned before the magistrate court on the alleged post on Facebook account, where he asked an unanswered question of children of the Honourably Beni Lar that has never been answered.
The accused counsel Barr Ndam explained to our medium that the boy asked a question which answer has not been given to this moment and they still called it a defamatory statement, “I have not seen a cybercrime accusing Beni Lar on a post on Facebook account .”
The suspect was asking for paternity of the two children which he maintained that can the father of those kids contest with them as a matter of fact, We know that she contested for an election in 2007 as then she was a single woman and not married and when the young man sought to know on two children she paraded as her own and she has never married what is wrong asking her to explain as their representative, he cautioned.
Justice Mohammed Lawal while delivering his ruling on the application brought by the prosecution counsel, Barr S.P. Emmanuel who told the court that the matter was slated for the bail application but, he, however, stressed that he intended to discontinue the matter at Kasuwa Nama through FIR order he sought.
According to him, the reason for discontinuing the matter was that he discovered that offense committed by the accused person, Mr. Ponfa Zingfa Facebook page was a cybercrime offense which the lower court can’t handle.
He said there is another running suit before a Federal High Court so this would make nonsense of the exercise which are the same subject matter in respect of out of wedlock children.
Barr Emmanuel the Prosecution counsel says, “the charge has been filed at Federal High Court Jos Division and same have been served on the defendant through his client this morning in view, “My Lord, this is the basis for the withdrawal of the matter “.
He noted the defense counsel Barr S.P.Ndam also acknowledged the information of the matter but argued that is a plot of the plaintiffs to delay the wheels of Justice and delaying the proceedings which is the business of the day.
Barr Ndam urged the court to dismiss the application for lacking in merits against the defendant who have been kept at the correctional center for almost 3 weeks plus.
He said,” it is because of this court jurisprudence the prosecutor can’t probate and reprobate within the ambits of the same subject matter in court, saying, there is nothing to show that the matter has left the court here so inline of law practice I hereby move that business of the day should be done with and the ruling should be delivered “.
Ndam prayers before the court were, My Lord, I plead with the court to discharge the accused person as a matter urgent important because he has been on detentions for 3 weeks without trial.
But the prosecution counsel Barr Emmanuel under section 307 of administrative criminal justice gave the court power to hold charge pending another charge dispense, he added. Section 122 of evidence act 2011 empower the court to take judicial notice of the proceedings, documents, and laws.
While delivering his ruling, Justice Mohammed Lawal stated that the court allowed the prosecution counsel to withdrew their case incompetence to discharge the accused person.