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From Godwin Tsa, Abuja
The police authorities will, on July 7, arraign a retired officer of the Nigerian Air Force (NAF), Group Captain Peter Bilal, before an Abuja Magistrate Court, over allegation that he threatened to kill a neighbour, Dr Israel Emmanuel.
His arraignment, which was originally scheduled for last week before Magistrate Oluwakemi Ariwoola, was stalled following the absence of the defendant in court.
When the matter was called, Bilal’s counsel, Emeka Izima, told the magistrate that he appeared in court in protest, due to the fact that his client was not properly served with the hearing notice.
Izima said Bilal was far away in Gombe, but promised that he would be in court at the next adjourned date.
But, Dr Oluwaseyi Leigh, who was lawyer to Emmanuel, disagreed with Izima, stressing that the proof of service of the hearing notice was in the court file. He said the defendant must have been served.
Ariwoola, after going through the court file, however, agreed with Izima that Bilal was not properly served.
“The proof of service shows that the service is irregular; that he has not been served personally,” she said.
Leigh then urged the court to direct that Bilal be served through substituted means or in the next adjourned date, since he was represented in court.
The magistrate held that the nature of the case demanded personal service of court processes on Bilal.
She, however, said Leigh could liaise with the court registry on how the defendant could be served and adjourned the matter till July 7 for hearing of the application and Bilal’s arraignment.
