Justice Jide Falola of an Osun state High Court, sitting in Ikirun, has dismissed the motion filed by some whorsippers in Amola Central Mosque, Ikirun, seeking to enforce the recommendation of the Shariah panel on the leadership of the Mosque.
Two persons, Alhaji Sulaiman Tiamiyu and Alfa Muibi Arise, have been laying claim to the Imamship of Amola Central Mosque, thus separating worshippers in the Mosque.
While Alhaji Tiamiyu who was said to have graduated in Arabic study in Saudi Arabia, refused to be turbaned because he could not be convinced that it is a must to be officially turbaned before one can lead prayer as Imam. The Chief Imam of Ikirun, Alhaji Yinus Balogun, appointed Arise to lead the congregation in the Mosque.
Apparently unhappy with his removal, Tiamiyu went to the Sharia panel in Osogbo, the state capital, where he was advised to step aside alongside Arise who succeeded him so that a neutral person could be appointed to lead in the Mosque.
The Certified True Copy of the ruling of the Sharia panel signed by the Chief Registrar, Imam Musa Raji, faulted Tiamiyu for his refusal to be turbaned and also faulted Arise for indulging in unislamic practice.
The panel stated that “turban and organising ceremony for it are not part of the conditions for Imamship, doing so does not also spoil it.
“Nevertheless, it needs to be stressed here that turbaning is one of the tradition of the Muslims and it is not expected of anyone to reject it for his appointment as Imam.
In the case of Muibi Arise, the panel observed that “he seems to lack virtues of leadership and his type is not expected to be a role model for others.
He was alleged to be morally bankrupt and was also alleged to be dubious through the means of jalabi. The panel submitted that Islam does not recognize jalabi saying “what could be deduced from it is that it was meant for an act of fraudulent.
Citing quotations from the Holy Quran and Hadith, the panel said, “to return peace, harmony, unity and understanding to Oke-Amola Jamah in particular and Ikirun town in general, the only way is to step the two of them down in order to curb segregation and breakup.
While Arise was still leading, some worshippers who could not follow him approached the high court to enforce the recommendation of the Shariah panel.
But, in his ruling on Thursday, Justice Falola held that said the claimants should have approached the court by way of writ of summon and not originating summon.
According to the Judge, the issue raised by the respondent (Arise) on whether sharia panel is a registered panel or recognized by law is germane.
The court thereby held that the claimants should have tendered the position of Sharia Panel as exhibit and not to seek enforcement of a judgement delivered by unregistered panel.
As at Sunday, Arise was leading while some worshippers insist that he should step side and allow a neutral person to lead prayer.
