A mother of two, Fatima Abdullahi, who filed a case against her husband, Muhammad Isah-Saleh in a Shari’a court, Rigasa, Kaduna, for alleged sexual assault , on Wednesday, withdrew the suit.
Fatima had accused her husband of sexually assaulting their two underaged daughters.
The complainant made the application through her counsel, Mrs Zainab Muhammad-Bello.
“We have heard that the government had filed a case against the defendant in the Kaduna High Court.
“We want to withdraw the case from this court since the case has been taken to the high court,’’ she said.
On his part, the defendant’s counsel, Mr Murtala Baba-Ibn, prayed the court to order for the release of the defendant since the complainant had applied to withdraw the case.
M.S. Steve, counsel representing the Kaduna State Commissioner of Police and the state’s Attorney-General, said he had no objection with the complainant withdrawing the case.
He said that the defendant is in custodial facility as ordered by a Magistrate Court sitting at Ibrahim Taiwo road, Kaduna.
He added that the Rigasa Sharia Court had no jurisdiction to order for the release of the defendant.
He said that Isah-Saleh, the defendant had also been dragged to a state high court for alleged rape and he had been duly served by the court.
“In line with the constitution and the Kaduna State Criminal Justice law 2017, it is only the high court that has the power to release the defendant,’’ Steve said.
The court had invited an Islamic Scholar, Khamis Almisry and one Tahir. Y. Umar to the Court, but alhough they were not in court, the two persons were represented by their counsel Mr Suleiman Lere and Kabir Runka respectively.
Lere said that there was no court that would force an individual or group to file a case against anyone, as such since the complainant had withdrawn her suit, the court had no business with the case anymore.
The Judge, Dahiru Bamalli, adjourned the case untill March 4 for the ruling.
Bamalli also ordered that the complainant, defendant and the two persons invited, should be in court in person on the adjourned date. (NAN)
