In the past four years Niger State government’s
efforts to prosecute the man with 89 wives in Bida, Mallam Bello Masaba
had been unsuccessful because of legal lacuna.
efforts to prosecute the man with 89 wives in Bida, Mallam Bello Masaba
had been unsuccessful because of legal lacuna.
The Speaker Niger State House of Assembly, Barrister Adamu
Usman has disclosed that the various attempts to prosecute Masaba ran into
hitches because there was no provisions in the law of the state to effect his
prosecution.
Usman has disclosed that the various attempts to prosecute Masaba ran into
hitches because there was no provisions in the law of the state to effect his
prosecution.
The Speaker who was the Attorney -General in 2009 when Masaba
was arraigned disclosed this yesterday at a public hearing on five bills to
amend the High Court Law, Sharia Court of Appeal Law, Sharia Criminal Procedure
Code, Sharia Penal Code and a law for the constitution of Sharia Courts of the
State at the Assembly Complex.
was arraigned disclosed this yesterday at a public hearing on five bills to
amend the High Court Law, Sharia Court of Appeal Law, Sharia Criminal Procedure
Code, Sharia Penal Code and a law for the constitution of Sharia Courts of the
State at the Assembly Complex.
Usman said that when he was Attorney- General he personally
appeared in Upper Sharia court Minna as prosecutor to prosecute Masaba but
discovered that the Sharia courts in the state could not deal with the case.
appeared in Upper Sharia court Minna as prosecutor to prosecute Masaba but
discovered that the Sharia courts in the state could not deal with the case.
He said, “As Attorney- General then I personally appeared before
Sharia court, Minna as prosecutor to prosecute the man but later discovered
that Sharia courts in Niger State cannot deal with the case. No provision made
in Penal code C.P.C or Sharia administration of Justice law to deal with such
cases.”
Sharia court, Minna as prosecutor to prosecute the man but later discovered
that Sharia courts in Niger State cannot deal with the case. No provision made
in Penal code C.P.C or Sharia administration of Justice law to deal with such
cases.”
According to him “ the case was later transferred to Chief
Magistrate court 1 Minna then but again an objection was taken for his trial
because our existing penal code law did not provide for such offences and
procedure for his trial because none were created under the Sharia
administration law and enacted by the State House of Assembly”.
Magistrate court 1 Minna then but again an objection was taken for his trial
because our existing penal code law did not provide for such offences and
procedure for his trial because none were created under the Sharia
administration law and enacted by the State House of Assembly”.
He said trying Masaba then would have contravened Section 36(12)
of 1999 constitution which stipulated that a person shall not be convicted of a
criminal offence unless the offence was defined by law.
of 1999 constitution which stipulated that a person shall not be convicted of a
criminal offence unless the offence was defined by law.
The speaker therefore stated that the public hearing on the five
bills would help amend the existing laws and remove the lacuna therein for
effective justice administration of the state.
bills would help amend the existing laws and remove the lacuna therein for
effective justice administration of the state.
He said that the process should not stop at passing the laws
alone but it was necessary that the people were educated about the law through
serious and intensified advocacy.
alone but it was necessary that the people were educated about the law through
serious and intensified advocacy.
Also speaking the Chairman of the House Judiciary Committee,
Isah Kawu stated that the public hearing was to enable the House collect
views of the people for the process of passing the bills.
Isah Kawu stated that the public hearing was to enable the House collect
views of the people for the process of passing the bills.
While promising that a good job would be done on the bills he
said that the public hearing was to also ensure that the provisions of the
bills conformed with the 1999 constitution.
said that the public hearing was to also ensure that the provisions of the
bills conformed with the 1999 constitution.
Source: Leadership
