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Assault: Legal developments unfold as son of former Kano Commissioner pursues certiorari application

Justice Watch News Certiorari

By Our Correspondent

The alleged assault case involving Sai’d Muhammad, the son of former Kano State Commissioner for Religious Affairs, Dr. Muhammad Tahar, also known as Baba Impossible, has taken new dimension, as the defendant filed a certiorari application at the State High Court.

He alleged that the presiding Upper Shari’ah Court Judge, Garba Hamza Malafa, erred and contravened the law in the ruling delivered on February 21, 2024.

In the said ruling, Judge Malafa ordered that an oath of denial be administered to Muhammad to prove his innocence, pursuant to the provision of Islamic Shari’ah Law of Kano State, 2000.

Muhammad is accused of assaulting a doctor while on duty but initially denied the allegation of slapping the doctor.

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Through his counsel, Rabiu Shuaibu Abdullahi, he requested that the prosecution provide evidence to support their case instead of compelling his client to swear on the holy Qur’an.

Following the ruling, Barrister Abdullahi sought a two-week adjournment to discuss the available options with his client, including appealing the court’s decision, taking the oath, or pursuing an out-of-court settlement.

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During the court session today Wednesday which was expected to provide updates on a possible settlement or the defendant swearing an oath to prove his innocence, the court informed the complainant that proceedings were halted due to an ex parte order issued by the Kano State High Court.

Justice Watch News, gathered that the order restrains the court from further proceedings pending a hearing and determination of the case on notice before the State High Court.

The defense counsel argued that the directive to administer an oath of denial to his client contradicts section 36 (5) of the Constitution of the Federal Republic of Nigeria 1999 as amended.

In an earlier ruling, Judge Malafa emphasized that his court upholds justice and is guided by Islamic Shari’ah law, which allows an accused person to swear on the holy Qur’an if there are no witnesses present.

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The defense counsel, in the certiorari application, contended that it was unlawful for the Shari’ah Court Judge to order his client to swear on the holy Qur’an without establishing a prima facie case.

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