ASD: Need for an unbiased MULAN
Iread with shock and dismay the press release by Muslim Lawyers’ Association MULAN, Kaduna branch, published in the Daily Trust Newspaper of 19th November, 2019.
I wonder whether this is MULAN or some mischievous elements hiding under the guise of the association because the purported findings of MULAN on the matter is totally not correct and contains lots of fabrications and lies.
No reasonable man would believe this. I am privy to all that happened and MULAN’s finding is a completely biased and lopsided.
This is the true position of things regarding the issue:
The Grade 1 Sharia Court sitting at Tudun Wada, Kaduna delivered its Judgment on the 5th day of January, 2018 by granting ASD’s daughter’s request for divorce, But her husband Alh. Abubakar Musa Abubakar appealed to the Upper Sharia Court, Kawo, Kaduna and the Upper Sharia Court, Kawo, gave an order for stay of execution of the judgment of Grade 1 Sharia Court, Tudun Wada, that order for stay of execution was never set aside by any court of law till today.
On the 28th day of February, 2018, the Upper Sharia Court, Kawo, Kaduna delivered its judgment in favour of Alh. Abubakar Musa Abubakar and set aside the judgment of Grade 1 Sharia Court, Tudun Wada on grounds of lack of jurisdiction. The judgment of the Upper Sharia Court, Kawo, Kaduna was never set aside by any court of law till today.
On the premise of the above judgment of Upper Sharia Court, Kawo, Alh. Abubakar Musa Abubakar then filed a suit for the recall of his wife to her matrimonial home before the Upper Area Court, Gudu, Abuja which was later transferred to Grade 1 Area Court, Gudu, Abuja in a suit no. CV/233/18 between Abubakar Musa Abubakar Vs. Nasiba Sani Dauda. The said case was never determined and still pending up till today.
Dissatisfied with the judgment of the Upper Sharia Court, Kawo, Kaduna, ASD’s daughter (Nasiba Sani Dauda) appealed to the Sharia Court of Appeal, Kaduna in appeal no. KDS/SCA/KD/33/18 between Nasiba Sani Dauda vs. Abubakar Musa Abubakar, that appeal is still pending and has not been determined by the Sharia Court of Appeal, Kaduna up till today.
It is equally interested to note that ASD’s daughter equally filed a Motion for Judicial Review before the same Sharia Court of Appeal, Kaduna challenging the order for stay of execution granted by Upper Sharia Court, Kawo, Kaduna. That Motion for judicial Review is still pending and never determined by the Sharia Court of Appeal, Kaduna.
Later, ASD’s daughter, filed a preliminary objection in Abuja challenging the jurisdiction of the Gudu Area Court to entertain the suit filed by her husband, the ruling of the Court on the said preliminary objection is still pending before Gudu Area Court Abuja up till today because the judge who was supposed to make the ruling has been transferred to another court and was not given the permission to come and deliver same.
Nasiba Dauda also filed another case before the High Court of the Federal
Capital Territory, Abuja on the 18th day of September, 2019 by way of a Judicial Review asking the Court to quash away the suit before the Grade 1 Area Court, Gudu, Abuja.
The case is even adjourned to the 25th day of November, 2019 for hearing and has not been determined by the FCT High Court as it is still pending up till today.
In view of the foregoing, the findings of the Muslim Lawyers’ Association that the Husband, Abubakar Musa Abubakar was the one who filed an appeal before Sharia Court of Appeal Kaduna and the case filed before the FCT High Court is not correct as it cannot be substantiated with any available evidence. MULAN Kaduna should guard against being used.
The truth is while all the above cases are ongoing and pending in the respective courts in both Kaduna and Abuja, on the 9th day of November, 2019, ASD got his daughter Nasiba married to another man with Murtala Nasir Al-Misriy as her guardian despite the above pending cases while the judgement of the Upper Sharia Court, Kawo Kaduna is still valid and subsisting and never set aside by any court in Nigeria and it was the said judgement that restored back the marriage between Alh. Abubakar Musa Abubakar with Nasiba Sani Dauda as husband and wife.
In the course of Nasiba’s new marriage to another man, one Usman Abdullahi Tela called the attention of the ASD and the Imams there present to the already existing marriage between Alh. Abubakar Musa Abubakar with Nasiba Sani Dauda and the pendency of the cases. Tela was arrested and detained and was not released until after the wedding took place.
In view of the above circumstances, a criminal complaint was lodged to the Kaduna State Commissioner of Police bothering on the offences of Criminal Conspiracy, Abetment of an offence, criminal assault, wrongful confinement, wrongful restraint, false imprisonment, voluntary causing harm, enticement of a married woman, bigamy, re-marriage with concealment for former marriage and other related offences of the same genre contrary to Sections 45, 46, 58, 217, 229, 230, 239, 365, 366 and 369 respectively of the Penal Code Law of Kaduna State.
MULAN Kaduna branch cannot tell us that all the above mentioned offences of the Kaduna State Penal Code Law are civil and not criminal offences.
On the issue of Murtala Nasir Al-Misriy, he was invited by the police based on the complaint on the role he played not acting on his official capacity as a judge but as a private person who conspired to do something illegal.
Alh. Abubakar Musa Abubakar only knew Murtala Nasir Al-Misriy not as a judge but as someone very close to ASD and was never invited or complaint against in his official capacity as a judge but as a private person.
For the MULAN to descend into the arena of a case where two Muslims are involved not as a mediator but as an interloper and without hearing from both sides shows the extent to which MULAN has taken side and never ready to do justice to the matter and that they can only bark in a matter where the rich are involved. We look forward to having a neutral and unbiased MULAN please!
Tambai a legal practitioner wrote from Abuja