AN Upper Sharia Court Judge has been dragged before a High Court in Dutse for contempt.
The Jigawa State Action Congress of Nigeria (ACN) Chairman, Abubakar Hassan Fulata, who filed a motion at High Court 2 in Dutse had prayed the court to try the Kiyawa Upper Sharia Court Alkali (judge), Aliyu Hadejia, for contempt, following failure to comply with court order.
Earlier, there was an allegation of defamation of character against Fulata by Governor Sule Lamido instituted at the Higher Sharia Court in Kiyawa.
The Alkali, without any summons or notice served on Fulata, ordered his arrest; hence counsel to Fulata, Barrister Dalhatu Shehu Usman, approached the High Court and filed a motion to stop further proceedings on the matter at the Sharia Court.
According to Usman: “The order given by Kiyawa is outrageous, not in order and frivolous, being that there was no service on Fulata. The court cannot proceed without serving the summons.”
The trial judge at the High court, Justice Aminu Sabo Ringim, granted the application as it restrained the Alkali from any further action or taking any step in pursuit of his order, pending the determination of the case before the High Court.
The order also required the Alkali to bring the record of proceedings and all that transpired before him in writing.
According to counsel to the plaintiff, the trial judge at the Upper Sharia Court had initially refused to obey the High Court order, which prompted another application, urging the High Court to try the Alkali and send him to prison for disobedience.
He explained further that after service of the motion of the contempt proceedings was served on him, he immediately complied and furnished the High Court with the records in two hours, a thing he had refused earlier.
The trial judge ruled in favour of the accused, saying since he has furnished the court with the proceedings there was no need to send him to prison for contempt.
“We have appealed against the ruling because we do not want the matter to go without punishment, because we believe that he must be punished.”
At the resumed hearing on Monday, counsel to Fulata filed another application for stay of proceedings, pending the determination of their appeal at the Kaduna Appeal Court.