Malam Bello Masaba sees light at the end of the tunnel, as his detention is criticised by a court
By Nnamdi Felix/Abuja
Last Monday, Justice Gabriel Kolawole of the Federal High Court, Abuja Division, bathed the Jama’atu Nasril Islam, JNI, and Mr. Adamu Usman, Niger State Attorney-General and Commissioner for Justice, in vitriol. Kolawole’s outburst was provoked by the conduct of the JNI and that of the commissioner at the Upper Sharia Court and the Chief Magistrate Court, in Minna, capital of Niger State, over the matter of Malam Bello Masaba, the celebrated polygamist.
Justice Kolawole said proceedings in the Minna courts were prejudicial and that the conduct of the courts, which ordered the continued detention of Masaba, was reprehensible and demands reprimand and judicial sanctions.
The angry judge ordered the Niger State Attorney-General and JNI to show cause why the mega-polygamist should not be released unconditionally or upon conditions to be prescribed by the court. Kolawole, who stopped short of ordering the immediate release of Masaba, predicated his reasons on his desire to create an opportunity for Usman and the JNI to correct their mistakes in the trial at the Minna courts.
“No one has the power to sabotage the constitution of this country. I fall short of ordering Masaba’s release not on the basis of lack of jurisdiction, as canvassed by the defendants, but for an opportunity for them to make amends for their conduct,” he said. He directed the parties to seek resolution of the matter in a way that their religious practice will be enhanced as adherents of Islam.
Masaba’s counsel, David Ikotun, had instituted the matter on behalf of the mega-polygamist, following the threat of the Bida Emirate Council to banish him from the area if he fails to divorce 82 out of his 86 wives in compliance with the Islamic injunctions regarding marriage. The suit sought leave of the court to enforce Masaba’s fundamental human rights. The court granted him the leave on 5 September and while the suit was pending, Masaba was arrested and arraigned at the Upper Sharia Court.
The presiding judge at the Sharia court, Abdulkarim Imam, subsequently found that he lacked the jurisdiction to handle the matter. But rather than strike out the matter as the legal practice dictates, he relied on the compendium of the sayings of Prophet Mohammed and unilaterally transferred the case to the Minna Chief Magistrate’s Court.
The magistrate court granted Masaba bail after being re-arraigned before it, with conditions that reinforced the belief of many that the Niger State government and the JNI were bent on keeping Masaba in prison.
Among conditions attached to Masaba’s bail, granted by the Chief Magistrate’s court, was that the mega-polygamist should stay in a house to be provided by the Niger State government with 24 hours police security. He was also allowed access to four of his 86 wives and was barred from visiting his home in Bida. Masaba was also asked to produce 2 sureties who were to deposit the sum of N1million to the court.
These conditions appeared to expose the factors behind the travails of the mega polygamist. That is, to have him divorce some of his wives by force with the backing of the courts.
At the proceedings last Monday, Masaba’s counsel told the court that the facts of the cases against his client in Minna are the same for which they had approached the Federal High Court and urged the court to exercise its power to see that its orders are not rendered irrelevant. He posited the order of the court of September is a living order and that his client should be allowed to enjoy the full benefits of the order.
The lawyer also urged the court to make an order reverting the status ante belum and make an order for Masaba’s release as well as restrain the security operatives from harassing him.
He further informed the court that even though the Minna Magistrate’s Court granted his client bail, he had remained in prison custody from where he was brought to the court, as the Niger State government, upon whom the substantial compliance of the conditions falls, had failed to comply with the conditions. The state government was alleged to have failed to provide any accommodation for the mega-polygamist and is yet to make any arrangement for police protection.
The JNI and Usman, represented by Messrs Mohammed Sani Katu and Mr. Kalan respectively, challenged the jurisdiction of the court to entertain the matter. They denied ever issuing any Fatwa on Masaba as alleged. They also averred that the best Masaba could do was to apply to the Chief Magistrate’s Court, which granted him bail, for bail variation if he is finding it difficult to comply with any of the conditions.
They also stated that the Appeal Court would be the next place for Masaba to go to if he fails to get the Magistrate’s Court to vary his bail conditions and not the Federal High Court. They, therefore, urged the court to discountenance all the submissions of Masaba’s lawyer by refusing to make any of the orders he requested until the issue of jurisdiction is determined.
But Kolawole stated that the jurisdiction of the court is assumed valid until proven otherwise. This, the judge stated, was to ensure that the court is a master of its proceedings. He noted that the cases in Minna and the instant one before him are founded on the same issue–Masaba’s marriage as a Muslim to 86 wives.
The judge gave Usman and the JNI till 12 November to give cause why Masaba should not be released on bail. He also ordered that the mega polygamist be brought to court on that date.
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