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FANA v. NAMATA (2022)

FANA v. NAMATA

(2022)LCN/16554(CA)

In The Court Of Appeal

(SOKOTO JUDICIAL DIVISION)

On Thursday, January 20, 2022

CA/S/15S/2019

Before Our Lordships:

Ali Abubakar Babandi Gumel Justice of the Court of Appeal

Saidu Tanko Hussaini Justice of the Court of Appeal

Mohammed Danjuma Justice of the Court of Appeal

Between

SAMA’ILA BURUNBU FANA APPELANT(S)

And

ABDULLAHI SHUGABA NAMATA RESPONDENT(S)

 

RATIO:

THERE JURISDICTION OF THE LOWER COURT RESTRICTED TO THE APPLICATION OF ISLAMIC PERSONAL LAW

Having regards to the claim of the Appellant at the lower Court and in view of the Provisions of Section 277 (2) of the 1999 Constitution of the Federal Republic of Nigeria as amended, the jurisdiction of the lower Court is restricted to matters involving the application of Islamic Personal Law only. The claim of the Appellant has nothing to do with Islamic Personal Law at all.
Therefore, the lower Court lacks capacity to entertain the claim of the Appellant which is anchored on title to land. ALI ABUBAKAR BABANDI GUMEL, J.C.A

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Sharia Court of Appeal Kebbi State sitting in Birnin Kebbi Judicial Division in Appeal No.: SCA/KBS/BZ/80/2017, delivered on the 6th day of February, 2018.

The Appellant was dissatisfied with the judgment and appealed to this Court in a Notice of Appeal dated and filed on 26th March, 2018. It contains the following two Grounds of Appeal, thus: –
GROUND ONE:
The Sharia Court of Appeal, Kebbi State, Birnin Kebbi division, erred in law when it dismissed the Appellant appeal and affirmed the judgement of the trial Upper Sharia Court Bunza, when it has no jurisdiction to entertain the appeal in the first place, thereby occasioning miscarriage of justice.
GROUND TWO:
The Sharia Court of Appeal, Kebbi State, Birnin Kebbi Division, erred in law when it affirmed the landed property in dispute on the Respondent, when credible evidence to that effect was not led at the trial Upper Sharia Court Bunza thereby occasioning miscarriage of justice.

​To argue the appeal, Learned Counsel Mr. Sanusi Garba filed the Appellant’s Brief on the 15th March, 2021, but was deemed properly filed and served on 7th October, 2021.

At page 2 Paragraph 2.0 Mr. Sanusi Garba, the Appellant’s Counsel formulated a sole issue for the determination of this appeal, thus: –
“Whether the lower Court (Sharia Court of Appeal Birnin Kebbi, Kebbi State) has the jurisdiction to entertain the appeal in the first place, in view of Section 277 of the 1999 Constitution as amended.”

At the hearing of the appeal, Learned Counsel to the Appellant, Mr. Sanusi Garba introduced the Appellant’s Brief of Argument. He proceeded to adopt and rely on it. When it came to the turn of the respondent, Learned Counsel, Mr. Aminu Hassan for the Respondent, informed the Court that they did not file any Brief and did not want to contest the appeal.

Having regards to the claim of the Appellant at the lower Court and in view of the Provisions of Section 277 (2) of the 1999 Constitution of the Federal Republic of Nigeria as amended, the jurisdiction of the lower Court is restricted to matters involving the application of Islamic Personal Law only. The claim of the Appellant has nothing to do with Islamic Personal Law at all.
Therefore, the lower Court lacks capacity to entertain the claim of the Appellant which is anchored on title to land.

In consequence of this, the appeal is allowed. The judgment of the Kebbi State Sharia Court of Appeal delivered on 6th February, 2018 in Appeal No: SCA/KBS/B2/80/2017 is set aside. No order as to cost.

SAIDU TANKO HUSSAINI, J.C.A.: By merit of the constitutional provision at Section 277 (2) of the Constitution of the Federal of Nigeria 1999 (as amended) the Sharia Court of Appeal cannot go outside its mandate and adjudicate over matters in relation to claim for title to land.
The Sharia Court of Appeal sitting in Kebbi State, clearly over short its boundaries when it, purportedly adjudicated over the appeal brought to it concerning ownership of land. It is in this reason I am in total agreement with the reasoning and conclusion amended at in the lead judgment that the judgement delivered at the Sharia Court of Appeal Appeal No. SCA/KBS/B2/80/2017 be set aside.

MOHAMMED DANJUMA, J.C.A.: I have the honour of reading in draft, the lead judgment just delivered by my learned brother ALI A.B. GUMEL JCA. I agree with the reasoning and conclusion. This appeal is allowed and I abide by the consequential order in the lead judgment.

Appearances:

Mr. Sanusi Garba, Esq. For Appellant(s)

Mr. Aminu Hassan, Esq. For Respondent(s)