The Kano State Upper Shari’ah Court presided over by Ibrahim Sarki Yola has Supponead Librarian of Bayero University Kano to produce Text Books of Sahih Bukhari and Muslim inorder to stop Abduljabbar from using his own books that contain both Text and commentary.
The Trial Judge, similarly ordered that the Books be submitted to the court before next adjourn date slated to hold on 25th Nov. 2021.
Mallam Sarki Yola gave the order after a prayer by the Prosecution Counsel, Professor Mamman Lawan Yusufari (SAN) who objected the defendant’s procedure of cross examination to the Prosecution Witness Number 2, arguing that Abduljabbar’s copy of books contain both Text and Commentary.
The Lawyer, similarly argued that the witness used a Hadith without commentary in his testimony ealier before the court.
Professor Yusufari said he made his prayer pursuant to the provision of section 218 of Evidence Act, 2011.
He told the court that the Prosecution legal team will not fold its arm seeing Defendant making reference with a book different with the one their witness testified.
When the court asked Abduljabbar if he can purchase new book to use in his cross examination.
He replied to the court that he has been in detention for 5 months, emphasizing that all his activities stop.
” Honestly Speaking, I do not have enough money to purchase copy of Hadith”
Consquently, the Director, Public Prosecution (DPP) Kano State Ministry of Justice Barrister Aisha Mahmud informed the court that Kano State Government will assist defendant with money to purchase new books for the interest of justice.
The court demanded from both defense and prosecution counsel on weather to allow Abduljabbar to conduct his cross examination and disengaged his legal team.
They all referred to their earlier submission, saying the defendant has legal right to conduct his cross examination without disengaging his legal team.
all relied on Section 36 ( 6) of the Constitution of Federal Republic of Nigeria, 1999 as amended and Section 269 of Adminstration of Criminal Justice Law of Kano State 2019.
Mallam Sarki set aside his earlier ruling which delivered on 28th Oct. 2021 on weather to allow defendant to conduct cross examination and disengaged his legal team or allowing him making cross examination with defense team sitting at the bar.
He fundamentally allowed the defendant to conduct the cross examination and cautioned him to do it according to the legal provision.
Abduljabbar asked the witness if he knew the consequences of a mercenary witness as a Muslim, PW 2, Murtala Kabir Muhammmad answered in affirmative.
Abduljabbar asked the witness, that would he be surprise if he prove to him that his testimony was a fabrications, he answered in negative.
The defendant further asked the witness weather he heard the time he was swearing to God that he was trying to detach the smear words against the prophet.
Similarly the witness told the court that he heard him swearing.
” You told the court that I fabricated the Hadith to defame the character of Noble Prophet Muhammmad Peace be upon Him, after you didn’t found what I said in Sahih Muslim, Number 1,365 why didn’t you come and ask me ?” Abduljabbar asked the Witness.
The witness replied that” you always told us that you don’t want attend to us because you were busy at that time.” The witness replied.
After no fewer than 18 questions, the court adjourned its sitting to 25th November, 2021 for continuation of cross examination on PW 2.