Blasphemy: Court dismisses Kano cleric’s human rights suit

The Abuja Division of the Federal High Court has dismissed a fundamental rights enforcement suit filed by the detained Islamic cleric, Abdul-Jabbar Kabara, against the Kano government and another over alleged blasphemy.
Justice Emeka Nwite dismissed the suit marked: FHC/ABJ/CS/1201/2022 because it was an abuse of court process, having filed a similar lawsuit before the Kano Division of the Federal High Court.
Mr Nwite held that the attempt by counsel to the cleric, Shehu Dalhatu, to ingeniously make the instant suit look different from the one before the Kano court was an abuse of court process and condemnable.
Mr Kabara, through his counsel, Mr Dalhatu, sued the Upper Sharia Court Kofa Kudu and the Kano government as the first and second respondents, respectively.
In the originating motion dated and filed July 25, the cleric sought an order enforcing his fundamental human rights by moving to the court for it to be quashed, the charge and the entire proceedings of the Sharia Court against him via a case number CR/01/2021 conducted against his constitutional rights to a fair hearing.
He also prayed for an order quashing the charge against his constitutional right to personal liberty.
But in a preliminary objection dated July 29 and filed August 1, the respondents prayed the court to dismiss the suit for being incompetent.
On four grounds given by the respondents, they argued that the present suit was an abuse of court process since there is an existing and similar action pending at the Kano court, in suit number FHC/KN/CS/185/2022, between the same parties.
They further argued that the Abuja court lacked jurisdiction to hear and determine the suit as necessary parties had not been joined to maintain and determine the action.
“This honourable court lacks the power and competence to determine this suit as the subject matter, and reliefs sought to revolve around a Sharia Penal Code criminal charge and prosecution under a Sharia Court in Kano state,” they argued. “That the applicant (Kabara) did not present a complete record of proceedings of the 1st respondent (Sharia Court) to enable this honourable court properly determine this action on merit.”
When the matter came up on August 2, Abdussalam Saleh, who held the brief for Kano’s attorney general, urged the judge to discountenance all the arguments of the lawyer to Mr Kabara and dismiss the application with a substantial cost.
(NAN)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

NationWide
Eid-ul-Mawlid: FG declares Tuesday public holiday
Minister of Interior, Olubunmi Tunji-Ojo, said the period should also serve as a time for collective prayer for the country’s peace and cohesion.

States
Minister recruits 200 volunteer teachers to provide extra classes for SSCE, JAMB students in Katsina
The initiative would initially cover Malumfashi, Funtua, Dutsinma, Kankia, Katsina, Mani, and Daura local government areas, with plans to expand it to all 34 LGAs in the state.

States
Work to resume soon on Bida-Lambata road, says FG
The federal government said work on the Bida-Lapai-Lambata road project in Niger would resume soon.

Africa
Central African Republic closes gold mine after collapse kills 49
Mines Minister Rufin Beltoungou said 35 Central Africans, 12 Cameroonians and two Chadians died in the gold mine collapse.

NationWide
Shettima seeks holistic approach to tackle humanitarian crises
Mr Shettima called for a holistic approach to tackle humanitarian crises and ensure durable solutions.

Politics
ISIS would have taken over Nigeria if not for Tinubu, presidency spokesman says
“Were it not for the various interventions of Bola Ahmed Tinubu, Nigeria would have become a sorry state security-wise,” the presidential aide said.






