The Kano State Upper Shari’ah Court Presided over by Ibrahim Sarki Yola has fixed 2nd of September, 2021 to deliver his ruling on the eligibility of Four Senior Advocates of Nigeria SAN,s to continue with the prosecuting of Sheikh Abduljabbar Nasiru Kabara who is standing trial on the allegations bondering on defamation to religion and deragatory statement against Holy Prophet Muhammmad Peace be upon Him.
When the case resumed today Wednesday for hearing, Four Senior Advocates of Nigeria namely: Suraj Saida, Professor Mamman Lawan Yusufari, Muhammmad Sani Katu Dr. Nasiru Adamu Aliyu appeared for the prosecution on behalf of Kano Statement Government
The lead counsel Suraj Sa,aida while tendering the Fiat Instrument to the Court, on the instruction of Attorney General and Commissioner for Justice Musa Abdullahi Lawan, urging the court to terminate the First Information Report (FIR) earlier presented to the court by Police when the Defendant was first arraigned on 16th July, 2021 and grant leave to the Prosecution read over new Prepared Charge to Abduljabbar Kabara.
In his response, the Defense Lead Counsel Saleh Muhd Bakaro raised 3 objections related to the eligibility and validity of the Fiat Instrument tendered by Four Senior Advocates of Nigeria to appear and prosecute his client.
Barrister Bakaro argued that section 211(B) is not included in the Constitution of Federal Republic of Nigeria 1999 as amended.
His words ” I want to call attention of the court that section 211 sub (b) the section relied by Attorney General to gave fiat to the SAN,s is not included in the Constitution of Nigeria 1999 as amended.
Therefore, both Attorney General and Learned SAN,s misquoted the law. Fundamentally this is futile mission by Attorney General and the four Senior Advocates. They have no eligibility to stand on behalf of the state Government”
Similarly, the Lead Counsel to Abduljabbar argued that appearing of the Four Senior Advocates in Upper Shari’ah Court has contradicted Section 2 of Legal Practice Act which promulgated to regulate the conduct of Legal Practices.
Bakaro also argued that appearing the Four Senior Advocates of Nigeria has violated Legal Practices Privileges Committee For Senior Advocates of Nigeria as well as Privileges, Functions And Rule of SAN.
The Counsel further submitted that
” Supposing the Four Learned Senior Advocates of Nigeria have Legal Power to appear in this case. We vehemently, challenge the New Prepare Charge by Prosecution. That the Defendant was first arraigned in this court on the 16th July, 2021. We submit that FIR is equally a Charge.
Again, in Islamic Law, if plea of the Defendant is taken, Prosecution has no legal power to amend or add any issue.
We submit that, this court lacks jurisdictions to allow Prosecution brought in new prepared charge.
Also responding to the argument of Bakaro, the Lead Counsel to Prosecution Suraj Saida SAN submitted that in criminal proceedings taking plea of a Defendant comes first, before any other objections from Defense Counsel.
The Senior Advocate relied on Section 390 (2) of Adminstration of Criminal Criminal Justice Law 2019.
Delivering the ruling, the Presiding Judge Mallam Ibrahim Sarki Yola said he prepared not to give a bench ruling today, considering the laws adduced by both counsel during their arguments on the issues canvassed. He consquently adjourned the sitting to 2nd September, 2021 for ruling.
The Judge further stated that he will first resolve the eligibility of the fiat brought by the Senior Advocates of Nigeria before argument of their appearance as well as the new Prepared Charge by the Prosecution.
He ordered Abduljabbar to be remanded in Correctional Service