Home JUDICIARY Defamation of character: magistrate court transfers case to sharia court for hearing

Defamation of character: magistrate court transfers case to sharia court for hearing

53
0

The case of alleged defamation of character against Barrister Hashim Fagge, who is standing trial over the allegations of abusing Kano state Commissioner for Religious Affairs, Muhammad Tahar Adam ( Baba Impossible) has been transferred to Upper Shari’a Court Filin Hockey.

Also read: Kano APC congress feud: Court Considers Shekarau’s Faction
The Court transferred the case upon a prayer by prosecution counsel, Barrister Lamido Abba Soron Dinki

When the case resumed today for hearing, Barrister soron dinki prayed the court to transfer the case to upper Sharia court filin Hockey.

in his submission, the counsel told the court that there are two pending charges bordering on defamation of character against the defendant before Upper Sharia court.

The counsel told the court that he made his application pursuant to the provision of section 121 (1) and 276 (8) of the Administration of Criminal Justice Law, 2019.

” Attorney General may prefer a charge against any person after studying a case diary and find out that a prima facie is established like in  the instance case”

 

In his response in the point of law, the defense counsel, Barrister, Sani A.A opposed the prayer to transfer his client to Upper Sharia court filin Hockey, arguing that application of prosecution was abuse of court processes.

The Counsel maintained that the case was adjourned to today for hearing.

” That you cannot institute another charge with same parties before another court without terminating this case.

” This is abuse of court processes when you have a multiplicity of motion over same parties at different court”

Barrister Sani A.A urged the court to refused the application and allow the case to either proceed or terminated.

Also Read : Kano Missing Children: Court Fixes Date For Ruling and Accelerated Hearing

In her ruling, Chief Magistrate Minjibir, upheld that Attorney general has power to institute or terminate a case at any stage of criminal proceeding.

She consequently ordered the case to be transferred to Upper Sharia Court Filin Hockey and similarly ordered the defendant to be remanded in correctional service.

Justice Watch news earlier reported that Barrister Hashim Hussein Hashim Fagge was arraigned for allegedly abusing the state Commissioner for Religious Affairs Tahar Adam while making commentary on the case of alleged defamation against sheikh Abduljabbar Nasir Kabara.

LEAVE A REPLY

Please enter your comment!
Please enter your name here