Posted by By Nnamdi Felix /Minna on
In a dramatic twist this morning, in Minna, the Niger state capital, Alhaji Abdulkarim Imam, the presiding judge of the Upper Sharia Court, washed his hands off the Masaba case and transferred the case to the Chief Magistrate's Court.
In a dramatic twist this morning, in Minna, the Niger state capital, Alhaji Abdulkarim Imam, the presiding judge of the Upper Sharia Court, washed his hands off the Masaba case and transferred the case to the Chief Magistrate's Court.
Masaba is standing trial on charges of unlawful marriage to 86 women, contrary to Islamic injunctions, and inciting of public disturbance among other charges.
This morning, the prosecutor, Mr. Mohammed Musa Sakaba, informed the court that he took over the prosecution of the case from the state Attorney-General through a letter dated 19 September. He requested for an opportunity to make an oral application for the amendment of the First Investigation Report and pleaded with the court to hear his oral application for the amendment.
Immediately, Masaba's counsel, Mr. Femi David Ikotun, jumped to his feet and vehemently opposed the application. Ikotun posited that his client's right to free movement had been infringed upon on account of the First Investigation Report and that the prosecution's request for an amendment is an indication that the matter is dead.
Ikotun said: 'The request of the prosecution is a very strange procedure to this court. They cannot be allowed to spring surprises on the other party. This is a golden rule of practice. Their request for an amendment is only but a prayer to revive a dead matter. The substance of the FIR, which they seek to amend, is responsible for the denial of a Nigerian citizen's right. They should not be allowed to continue this arbitrary denial of my client's rights'
Masaba's counsel also urged the court to allow him move his preliminary objection in which he is challenging the jurisdiction of the Upper Sharia Court to entertain the matter. It was at this point that the presiding judge dropped the bombshell.
'Having looked at the First Investigation Report before me, I am of the view that the issues contained therein can be best and properly resolved at the magistrate's court. I hereby, on the Hadis of Warki, transfer this matter to the Chief Magistrate's Court, ' the judge ruled.
Reacting to the court's ruling, Mohammed Sakaba affirmed that the judge had the power to transfer the matter to the magistrate's court. According to him, 'This court is a Sharia Court, an Islamic court and the judge is empowered to rely on the Hadis, a compendium of the sayings of Prophet Mohammed. The judge merely relied on Islamic laws.'
But Mr. Femi Ikotun condemned the ruling of the court. He observed that the proper thing for the court to do on the discovery that it lacks jurisdiction to entertain the matter was to strike out the suit and release the accused person.
According to the lawyer, 'transferring this case to the magistrate's court is like removing the plank off our feet. It is wrong for the court to agree with us that it lacks the competence to entertain this case and at the same time continue to detain the accused.
'The normal thing would have been to be allowed to move our preliminary objection and if the court finds it has no jurisdiction, it would strike out the matter and set Masaba free,' Ikotun posited.
With the position of the court, freedom seems to be far away from the mega-polygamist whose wives recently protested against his detention.