Muslim Lawyers’ Association (MULAN), Kaduna state chapter has condemned the arrest and detention of a Kaduna Shari’a Court judge, Alkali Murtadha Nasir, Alhaji Sani Dauda and his son, Shehu, for their involvement in the marriage of ASD’s daughter, Nasiba to one Alhaji Abdullahi Kaluma.
Business mogul and former chairman of Peugeot Automobile Nigeria (PAN), Alhaji Sani Dauda, was recently arrested alongside a Kaduna Shari’a judge and Shehu Sani Dauda for allegedly flouting a court order by marrying out Nasiba to another husband despite a subsisting marriage with one Abubakar Musa.
This is just as one of the emissaries, Usman Tela, explained that contrary to speculations surrounding the arrest, Alhaji Sani Dauda (ASD), his son and the Shari’a judge were arrested for assaulting him when he was sent to make peace in the troubled marriage.
MULAN in a statement jointly signed by its Chairman and Secretary, Esq. Sani Yakubun Hauwa and Esq. Muhammad Nasiru Sidi respectively, said condemned the “arrest and detention by the Nigeria Police of a Sharia Court Judge, Alkali Murtadha Nasir (Presiding Judge, Sharia Court, Magajin Gari, Kaduna), Alhaji Sani Dauda and Alhaji Shehu Sani Dauda”.
Muslim lawyers said following their investigations they discovered that, “though a marriage was contracted between one Abubakar Musa Abubakar and one Nasiba Sani Dauda on 24/12/2016. 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 action of arrest and detention of the “suspects”.
“Upon the arrest of the “suspects” by the Police, an application for the enforcement of their fundamental rights was filed before the Kaduna State High Court and upon an Ex Parte application, an interim Order for their release was made pending the hearing and determination of the substantive motion on notice on the 19th day of November, 2019.
“However, despite being served with the order for the release of the “suspects”, the Police, instead of complying with the Order, attempted to arraign the “suspects” before Chief Magistrate’s Court, Ibrahim Taiwo Road, Kaduna but the Magistrate declined jurisdiction upon being shown a copy of the Order of the High Court, Kaduna.
“The Police thereafter approached the Judge, High Court 2, asking his Lordship to interpret the Order made on 12th November, 2019 by the same Court apparently with the view to continue to detain the Suspects. We feel that the action of the Nigeria Police Force in the instant matter, is likely to bring about a breach of the peace and security as can be seen with the planned protests in Kaduna, which actually caused disruption of free flow of traffic and other economic activities within the Kaduna Metropolis.
“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. We, therefore, call on the law enforcement agencies to, in future, exercise utmost restraint in cases of this nature as their actions are capable of bringing disrepute and disregard for the due processes of the law and subjecting Islamic institutions to public denigration.”
Speaking on the reason for the arrest, Usman Tela, said, “on hearing that there was going to be a marriage, I went to ASD house, I met Alhaji Sani Dauda, his son and the judge who conducted the marriage and told them what they were about to do was wrong, but he asked me to leave the premises.
“But on my way out, with the help of some policemen I was arrested, they took me into a room and beat me up. I was the person that reported the matter to the police, which led to the arrest of the businessman alongside two others,” he said.