Home JUDICIARY Alleged bias: Judge refuses to transfer Abduljabbar case

Alleged bias: Judge refuses to transfer Abduljabbar case

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The Kano State Upper Shari,ah Court City Number 1, has refused to grant Kano Cleric Sheikh Abduljabbar Nasiru Kabara’s prayer to transfer his ongoing trial of alleged blasphemy to another Judge.

Justice Watch News earlier reports that the cleric seek the court to transfer the case to another judge that has no relationship to both parties in the case.

 

He accused the judge for taken side in the case, urging him to lay off his hand.

In his ruling today, after Prosecution Counsel objected to the prayer by Sheikh Abduljabbar to transfer the case, the trial Judge Ibrahim Sarki Yola refused to transfer the case to another Judge, relying on section 116(a)(b) of Adminstration of Criminal Justice Law ( ACJL) 2019.

” There is no Upper Shari’a Court in Kano State that is better than this court, so far the trial will be conducted in a proper and convenient atmosphere here,”

” I am the Chairman of Shari’a Court Judges in the state.
” I am surprised the defense counsel is saying that I am biased. The case is over a year transferring it would be delay in justice,” he ruled.

He added that section 115 of ACJL 2019 says anyone who wants transfer of his or her case should write to the state Chief Judge or Grand Khadi and set committee to investigate on the allegations, if  prove  that the judge is not giving fair hearing, then they will order for transfer of the case.

Barrister Dalhatu prayed the court to call first three of the Prosecution witnesses who will equally serve as defense witnesses.

The prayer which was objected by the Prosecution.

“Our witnesses had came and testified against the Defendant, there is no basis calling them again to give evidence in his favour,”

In his ruling, the trial Judge Sarki Yola said he needs to peruse the submission of Sheikh Abduljabbar Counsel.

He ordered him to submit his legal authority backing up his submission.

Ibrahim Sarki Yola adjourned the case to 11 August for re-examination.

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