The Kano Shari’ah Courts’ Judges, standing trial on the allegations of theft to the tune of over N500 Million were on Thursday suffered a serious setback when the presiding Magistrate refused to shift back the date which was earlier fixed to deliver ruling on bail applications.
Justice Watch News earlier recalls that the Chief Magistrate Mustapha Sa’ad Datti was on Jan. 17 slated 1st February, 2023 to deliver ruling on bail application, upon an arguments for and the against by prosecution and defense counsel respectively.
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Consequently, the defense team approached the court with two applications, seeking the court to shift back the date it earlier slated and to deliver the ruling on bail applications today Thursday.
In their separate submissions, Garzali Datti Ahmad, Mustapha Hussein and other counsel said they brought the applications pursuant to section 169 (1) and 12 of Administration of Criminal Justice Law 2019 of Kano State and sections 30 and 34 of Kano State Magistrate Law.
They further submitted that some of the defendants are hypertensive, diabetics, old aged and other critical illness.
“We urge the court to deliver the ruling now, instead of 1st February, 2023 it was earlier slated.” They pleaded.
The counsel prayed the court to exercise its discretion in favour of all the defendants, saying the court has the inherent power to shift back the date it slated for the ruling.
On his side, Prosecution Counsel, Barrister Zaharaddeen Hamisu Kofar Mata urged the court to refuse the prayers of the defense counsel and maintained that the issue of bail condition is discretion power of the court, praying for it to exercise its jurisdiction judicially and judiciously for the interest of justice.
In his ruling, the presiding Magistrate Mustapha Datti said ” After I carefully perused on all the submissions of both counsel, I understand that applications of the defense counsel want this case to be recalled back to deliver ruling on bail applications before me, today, Thursday, not 1st February, 2023 as earlier fixed.” He said.
In their prayers. The counsel stated old age, hypertensive, diabetics and other diseases as their ground for the court to admit the defendants on bail,”
He, however said non of the defense counsel backed his claimed with any medical evidence from either doctor or officials of Correctional Service to warrant the court admit the defendants on bail”
The Magistrate, similarly said the court will not grant their prayers for lack of substance, stressing that court cannot act on speculation.
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He, therefore refused to recall the case and affirmed his earlier stance to deliver the ruling on bail application on 1st February, 2023.
Justice Watch News earlier recalls that the 16 defendants docked including: Two Upper Shari’ah Court Judges, (Serving and Retired), Cashier with the Kano State Sharia Court of Appeal, Financial Registers, staff of Kano State Pension Board, Teachers, and Business Centre Operator.
They all pleaded not guilty to the four count charges, bordering on Criminal Conspiracy, Joint Act, Criminal Breach of Trust by Public Service and Theft, contrary to section 97, 79, 315 and 289 of Penal Code Law.
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The First Information reads: On 20th August, 2021 an official complaint was received at the Kano State Public Complaints and Anti Corruption Commission, from Kano State ministry of justice, that sometimes ago in the year 2020/2021 you Bashir Ali Kurawa “M”, Saadatu Umar “f”, Tijjani Abdullahi “m”, Maryam Jibrin Garba “f”, Shamsu Sani “m” and you Hussaina Iman “f” you committed an offence of criminal conspiracy in which you Hussaina Imam used your official position as cashier in the Kano State Sharia Court of Appeal and conspired with the aforementioned persons and one Suleiman “m” (now at large) and forged the letter head papers/sheets of Sharia Court of Appeal, forged the signatures of the two signatories to the Stanbic IBTC bank account 0020667440 belonging to Kano State Sharia Court of Appeal and stole money to the tune of four hundred and eighty four million, sixty seven thousand, three hundred and twenty seven Naira and seven Kobo by fraudulently authorizing the bank to transfer the said amount to various bank accounts without the knowledge and/or consent of the authorized body/persons.”
Simirlarly in another separate charge the defendants were arraigned for the alleged offences.
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“An official complaint was received by the Kano State Public Complaints and Anti Corruption Commission from Kano State Ministry of Justice, that sometimes ago in the year 2018 to 2021 you Sani Ali Muhammad “m”, Sani Buba Aliyu “m”, Bashir Baffa “m”, Garzali Wada “m”, Hadi Tijjani Mu’azu “m”, Alkasim Abdullahi “m”, Yusuf Abdullahi “m”, Mustapha Bala Ibrahim “m”, Jafar Ahmad “m”, Adamu Balarabe “m”, Aminu Abdulkadir “m”, Abdullahi Suleiman Zango “m”, Garba Yusuf “m”, Bashir Ali Kurawa “m” and you Hussaina Imam “f” criminally conspired, breached the trust in you as a public servant, acted jointly and create 15 fake civil servants’ death benefit files and fraudulently siphoned funds to the tune of ninety six million, two hundred and fifty thousand Naira (N96,250,000.00) that was remitted by the Kano State Pension Fund Trustee to the bank accounts of Kano State Sharia Court Appeal and stole the said amount through eight Sharia Courts under the Kano State Sharia Court Appeal without the consent and knowledge of the authorizing authority.”
