Rabiu Omaku
Mallam Shitu Umar, the presiding Judge of Kafanchan Sharia court has been accused by a defendant ,Al-Amin Jibrin ,a staff of ministry of Sports and Youth Development, Nasarawa state for alleged professional misconduct.
In a court proceeding and a petition made available to universalreporters247.com by the complainant revealed that the Judge separate a marriage between him Al-Amin Jibrin (defendant) and his wife Rabi Danladi (plaintiff) of Kafanchan,Kaduna state.
In a petition copy to The Grand Khadi of Sharia Court of Appeal ,The presiding Judge, Sharia Court and the registrar of Sharia Court ,Kaduna state ,defendant protested the judgement dissolving the marriage as a miscarriage of justice, calling on the court of competent jurisdiction to set aside the former judgement.
He also accused Shitu Umar (Judge) of demanding for graft to twist the judgement in his favor which he refused, in an exhibit mark as annexture “C” the presiding Judge made available his bank account number A/C 0003306080,with account holders name, Shitu Umar ,Stanbic bank to the defendant demanding for bribe.
Al-Amin Jibrin described the ruling of the court as a judicial summersault, he petition the Judge over the improper completion of Judicial Form 2,as he said he was served with Judicial Form 2 ( summons to an accused person) over a case that is a civil matter,he also unveiled that the court summons has no case number.
Other complain is that the endorsement and signature of the Judge was photocopy not original copy,Al-Amin unfolded that no receipt number was contained in the summons,he further maintained that the defendant reside at Lafia not Kafanchan ,so the place of action ought to be in Lafia by the virtue of section 19 (2) A&B of (Area Courts of law 1986).
” All Civil matters other than land cases shall be tried and determine by an area court which has Jurisdiction over the area:
a.In which the defendant is ordinary resident or
b.In which the defendant was at the time when the case of action arose
The complainant further pray that the Grand Khadi of Sharia Court of Appeal struck out the case as well direct to file same within the court that have Jurisdiction in Lafia,Nasarawa state.
In a notice of Appeal addressed to the registrar of Sharia Court of Appeal,Kaduna state, the appellant ,Al-Amin Jibrin Appeal to Sharia Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of the Appeal seek relief set out in paragraph 4.
Ground of Appeal
The trail court erred in law when it held that :
“……the defendant refused to appear in court and did not send any message or messenger, and no reason was offered in respect to his absence, and this error is preserve and occasioned miscarriage of Justice.
Particulars of error
No evidence was led to warrant the assertion by the court or position taken by the court having refer to a letter of adjournment and petition dated 29th March 2016
The trial Judge erred law in failing to exercise his powers Judiciuosly and Judicially and thereby came to an erroneous decision ,occasioning miscarriage of Justice.
1.The court was duty bound in law to consider all issues properly raise before it in terms of Jurisdiction that the defendant reside at Lafia outside the Jurisdiction of the trial court.
The cause of action before the court was that of marriage as served with summons of an accused Form 2 section 47,154 CPC instead of civil summons ,Reference is made to the criminal summons
That the court proceeding is akin to criminal cases served on defendant.
In a statement of complaint with case number 20/2016 and dated10/2/2016 between Rabi Danladi (plaintiff) seeking for divorce between her and her husband Al-Amin Jibrin (defendant) the wife of Al-Amin Jibrin was accusing the husband of not satisfying her entitlement,beating her to stupor,under feeding ,starve her of marital sex.
Rabi Danladi also accused her husband of snatching two of her cell phones and carting away the sum of N30,000
While the defendant, Al-Amin Jibrin uncovered that his wife use to call her boy friends on phone,he also stated that Rabi vow that she will never carry his pregnancy as far as they continued to leave as husband and wife
But the Judge ,Shitu Umar invoke (I) QRS and dissolved the marriage ,the presiding Judge also used SCCP rules 2010 see pale 408,From plea 408 case number 20/2016 as the husband did not appeared in court instead sent a petition protesting the Judgement of the court challenging the Judgement of Shitu Umar.
Court ruling
Based on the fact that Rabi Insisted that the marriage dissolved dated 31/03/2016 ,the court dissolved the marriage, saying Al-Amin Jibrin disobey court orde”If i offended you before i will offend you agsinst, said Shitu Umar.
The presiding Judge further said the divorcee would observed three menstruations from the 30/03/2016,and advice the defendant to Appeal if is not satisfy with the ruling can Appeal within thirty days.
