Home JUSTICE & JUDICIARY Property Ownership: Kano Court to Rule on Eligibility of Customs Officer’s Appearance

Property Ownership: Kano Court to Rule on Eligibility of Customs Officer’s Appearance

By Bashir Muhammad Inuwa

A Kano Upper State Shari’ah Court has fixed the 14th of February, 2024, to deliver its ruling on the eligibility of Customs Officer Yusuf Ismail Mai Biscuit to personally appear in court or not,  in a case of Direct Complaint regarding property ownership against him.

Justice Watch News, earlier reports that the Complainant, Alhaji Abdullahi Shehu, approached the Court through his counsel by filing a Direct Complaint, praying for the Court’s intervention.

READ ALSO: Kano Shari’ah Court Orders Arrest of Customs Officer for Failure to Attend Court Proceeding

He alleged that the Customs Officer threatened to eject him from his property located at No. 1,136 C in Kawaji layout.

Earlier, the court, presided over by Garba Hamza Malafa, issued an arrest warrant against the defendant due to his failure to appear in court and address the allegations against him.

However, one day later, the judge set aside the order based on the prayer made by the defendant’s counsel, Barrister Sani Idris.

The counsel argued that the defendant was present in court that day but was unaware when the court register called the case to the judge’s chamber for the proceeding.

During the resumption of the case on Tuesday, the counsel for the complainant, Barrister Saleh Idris Bello, informed the court that the defendant was absent.

He emphasized the necessity for the defendant to appear personally, rather than sending only his lawyer, as it involves a Direct Complaint of an alleged criminal offense against him.

The lawyer further informed the court that the defendant was served with the summons and was informed of the allegations against him, as well as the time of the court proceedings.

In response, the defense counsel, Barrister Sani Idris, argued that the court cannot direct the appearance of a person in court based on a Direct Complaint unless the allegations against him are attached to the summons to allow him to prepare a defense.

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He contended that the defendant’s presence or absence would not hinder the complainant from stating his complaint before the court.

Barrister Sani Idris based his argument on section 36, sub-sections (1, 2, 3) of the constitution of the Federal Republic of Nigeria 1999, as amended, as well as Section 207 (6).

He urged the court to dismiss the prayer seeking his client’s appearance in court through a Direct Complaint.

After hearing the arguments for and against the defendant’s appearance, the judge, Garba Hamza Mal slated February 14th for ruling.

READ ALSO: Kano Murder Case: Court fixes Jan.18, for ruling on bail application

The Complainant is alleging that the Customs Officer, Yusuf Ismail Mai Biscuit, pasted with red paint on the wall of his residence commanding him to vacate, despite the fact that he obtained the property legally from the original owner of the property.

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