By Our Correspondent
The Upper Shari’ah Court in Kano State has ordered an oath of denial to be administered to Sai’d Muhammad, the son of former Kano State Commissioner for Religious Affairs, Dr. Muhammad Tahar, also known as Baba Impossible.
Sai’d Muhammad is accused of assaulting a medical doctor while on duty at Aminu Kano Teaching Hospital.
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During the arraignment, the defendant initially denied slapping the doctor.
In the subsequent court session on Wednesday, the prosecutor, Barrister Laraba Uba, was asked to provide the necessary documents for the case to the defendant’s legal representative, Barrister Rabiu Shuaibu Abdullahi.
The court inquired if the prosecution had any witnesses.
Barrister Uba informed the court that the prosecution did not have any witnesses to present but requested the court to administer the oath of denial on the defendant.
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This meant that the defendant would swear on the Holy Qur’an to support his denial and possibly be acquitted of theassault allegation.
Responding to the prosecution’s request, defense counsel Abdullahi argued that it is the prosecution’s responsibility to prove the case against the defendant.
He emphasized that the defendant is presumed innocent until proven guilty, based on the provisions of the Constitution of the Federal Republic of Nigeria 1999, as amended, and the Evidence Act.
Abdullahi urged the court to dismiss the oath of denial process, contending that it contradicts the Nigerian Constitution.
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He asserted that any law conflicting with the Nigerian Constitution should be deemed null and void, as the Constitution is supreme.
He requested the court to allow his client to refrain from swearing on the Holy Qur’an, citing the lack of witnesses presented by the prosecution.
Ultimately, Barrister Rabiu Shuaibu Abdullahi requested the court to acquit his client due to the absence of a prima facie case against the defendant.
In his ruling, Judge Garba Hamza Malafa of the Islamic Shari’ah Court emphasized that the court focuses on justice rather than technicalities, distinguishing it from a Magistrate Court.
He referred to a Supreme Court case, Ogunlana Versus Dudu, which upheld the role of a judge as a jurist with the responsibility to correct legislative errors.
Judge Malafa ordered the administration of an oath of denial against the defendant, Sai’d Muhammad, to determine the course of action in the case.
He advised the defendant to consult his lawyer before deciding on swearing on the holy Qur’an.
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Following the ruling, Barrister Rabiu Shuaibu Abdullahi requested a two-week adjournment to discuss the options with his client, considering whether to appeal the court’s decision, take the oath, or pursue an out-of-court settlement.
Islamic scholar Sheikh Ibrahim Khalil, present in the courtroom, suggested an amicable resolution outside of court, highlighting the benefits compared to prolonged legal proceedings.
He acknowledged the support shown by doctors who attended the court session in solidarity with their colleague.
The court adjourned the case to March 6th for further deliberations and potential resolutions.
