ASD: Muslim Lawyers Condemn Arrest, Detention Of Sharia Court Khadi, Others

The Muslim Lawyers’ Association (MULAN), Kaduna State chapter,
has condemned the arrest and intimidation of Alkali Murtadha Nasir
(Presiding Judge, Sharia Court Khadi, Magajin Gari, Kaduna), Alhaji
Sani Dauda and Alhaji Shehu Sani Dauda.

The association, in a statement, yesterday, said it made some
findings and that what it discovered was both troubling and
disturbing.

The group said though ‘‘the reason given for their arrest and
detention was contracting an illegal marriage, it was discovered
that a failed marriage contracted between one Abubakar Musa
Abubakar and one Nasiba Sani Dauda on 24/12/2016 was the source of
the problem’’.

The statement said a few months into the said marriage, Nasiba
Sani Dauda approached the Sharia Court, Tudun Wada, Kaduna, where
the marriage was dissolved and a divorce certificate was issued on
5th January, 2018.

“After a sojourn at the Upper Sharia Court, Kawo, Kaduna and the
Sharia Court of Appeal, Kaduna, the Sharia Court of Appeal, Kaduna,
quashed the decision of the Upper Sharia Court, Kawo, Kaduna and
transferred the matter to the Upper Sharia Court, Daura Road,
Kaduna for re-hearing.

“Instead of complying with the said Order of the Sharia Court of
Appeal, Kaduna, the said Abubakar Musa Abubakar filed fresh suits
before the Area Court, FCT and the FCT High Court, Abuja.

“Armed with the certificate of divorce issued by the Sharia
Court, Tudun Wada, Kaduna, Nasiba Sani Dauda, remarried on 9th
November, 2019 which then prompted the arrest and detention,” the
statement said.

The association wondered why a father, who authorized another
person to serve as a Waliy (Guardian) to give out his daughter’s
hand in marriage; or the guardian (the Judge of the Sharia Court,
Kaduna, serving in his personal capacity and not involved in any of
the litigations), would be arrested and detained by the police.

It said, “apparently, the issues involved are generally Islamic
matrimonial matters which do not fall within the contemplation of
the Police Act vis-a-vis their duties and functions. They are
issues that fall strictly within the purview of Section 277 of the
Constitution of Federal Republic of Nigeria, 1999 (as amended).

“The action of the Police on this occasion is not only
reprehensible, it is impunity taken too far. To go from one court
to another shopping for forum convenience, shows a single-minded
devotion to act illegally and unconstitutionally.”

The association, therefore, urged the law enforcement agencies
to, in future, exercise restraint in cases of this nature as their
actions are ‘‘capable of bringing disrepute and disregard for due
processes of the law and subjecting Islamic institutions to public
denigration’’.