The Kano State Upper Shari’ah Court Presided over by Ibrahim Sarki Yola has fixed second of September, 2021, to convey its decision on the qualification of four Senior Advocates of Nigeria SANs to proceed with the indicting of Sheik Abduljabbar Nasiru Kabara.
Kabara is being investigated on the claims verging on slander to religion and injurious articulations against Holy Prophet Muhammmad (SAW).
When the case continued Wednesday for hearing, four Senior Advocates of Nigeria SANs, Suraj Saida, Professor Mamman Lawan Yusufari, Muhammmad Sani Katu showed up for the indictment for the benefit of Kano State Government.
The lead counsel, Suraj Sa’aida, while offering the fiat Instrument to the court, on the guidance of Attorney General and Commissioner for Justice Musa Abdullahi Lawan, asking the court to end the First Information Report (FIR) prior introduced to the court by Police when the Defendant was first summoned on sixteenth July, 2021 and allowed pass on to the Prosecution read over Prepared Charge to Abduljabbar Kabara.
In his reaction, the Defense Lead Counsel, Saleh Muhd Bakaro mentioned 3 criticisms identified with the qualification and legitimacy of the Fiat Instrument offered by Four Senior Advocates of Nigeria to show up and arraign his client.
Barrister Bakaro contended that segment 211(B) is excluded from the Constitution of Federal Republic of Nigeria 1999 as amended.
He said, “I need to call to the consideration of the court that segment 211 sub (b) the segment depended by the Attorney General to offer fiat to the SAN,s is excluded from the Constitution of Nigeria 1999 as amended.
Therefore, both the Attorney General and Learned SANs misquoted the law. On a very basic level this is a pointless mission by the Attorney General and the four Senior Advocates. They have no qualification to remain for the benefit of the state Government”
Similarly, the Lead Counsel to Abduljabbar contended that showing up of the Four Senior Advocates in Upper Shari’ah Court has negated Section 2 of Legal Practice Act which declared to direct the direct of Legal Practices.
Bakaro likewise contended that seeming the Four Senior Advocates of Nigeria has abused Legal Practices Privileges Committee for Senior Advocates of Nigeria just as Privileges, Functions And Rule of SAN.
“Supposing the four Learned Senior Advocates of Nigeria have Legal Power to show up for this situation. We fervently challenge the New Prepare Charge by Prosecution. That the Defendant was first summoned in this court on the sixteenth July, 2021.
“Again, in Islamic Law, if supplication of the litigant is taken, indictment has no lawful ability to correct or add any issue.
“We present that this court needs purview to permit arraignment to get another pre-arranged charge.”
Also reacting to the contention of Bakaro, the Lead Counsel to Prosecution Suraj Saida SAN, presented that in criminal procedures taking request of a Defendant starts things out, before some other protests from Defense Counsel.
The Senior Advocate depended on Section 390 (2) of Adminstration of Criminal Justice Law 2019.
Delivering the decision, the Presiding Judge Mallam Ibrahim Sarki Yola, said he arranged not to give a seat controlling today, considering the laws cited by both insight during their contentions on the issues canvassed.
He subsequently suspended the sitting to second September, 2021 for ruling.
The judge additionally expressed that he will initially resolve the qualification of the fiat brought by the Senior Advocates of Nigeria before contention of their appearance just as the New Prepared Charge by the prosecution.
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