GARBA BURGU FADA v. ALIYU IBRAHIM
(2015)LCN/7822(CA)
In The Court of Appeal of Nigeria
On Monday, the 2nd day of March, 2015
CA/S/73S/2012
RATIO
LAWS; THE PROVISION OF SECTION 1 OF THE KEBBI STATE SHARIA (ADMINISTRATION OF JUSTICE) LAW; WHETHER THE PROVISION OF SECTION 1 OF THE KEBBI STATE SHARIA (ADMINISTRATION OF JUSTICE) LAW IS CONSISTENT WITH THE PROVISION OF SECTION 227(1) AND (2) OF THE CONSTITUTION
The provision of Section 14 of the Kebbi State Sharia (Administration of Justice) Law was considered by this court in ABUBAKAR FARANSI V. HABSATU NOMA [2007] 10 NWLR (PT 1041) and held to be inconsistent with the provision of s.277(1) and (2) of the 1999 constitution and therefore held to be null and void. Abdullahi PCA in the leading judgment had this to say; “I agree with the learned counsel for appellant that Section 14 of the Kebbi State Sharia (Administration of Justice) Law 2000 which conferred unlimited jurisdiction in civil and criminal matter to the Sharia Court of Appeal Kebbi State is manifestly inconsistent with the express provision of Section 277(1) and (2) of the 1999 Constitution and by the provision of Section 1(3) of the 1999 Constitution is null and void to the extent of its inconsistency.” per. TUNDE O. AWOTOYE, J.C.A.
JUSTICES
PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria
TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
MUHAMMED L. SHUAIBU Justice of The Court of Appeal of Nigeria
Between
GARBA BURGU FADA – Appellant(s)
AND
ALIYU IBRAHIM – Respondent(s)
TUNDE O. AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the Judgment in respect of the appeal lodged by the appellant on 25/6/2012 vide his Notice of Appeal containing 3 grounds of appeal.
The 3 grounds of appeal as per the Notice of Appeal (excluding the particulars) are:
“Ground 1
The Lower Court has no jurisdiction to entertain the suit, therefore the whole decision of the Lower Court is a nullity
Ground 2
The Appellant was not given a fair hearing
Ground 3
The whole judgment of Lower Court is against the weight of evidence.”
The claim of the plaintiff at the Sharia Court Ribah was as follows:
“I, Aliyu Ibrahim is suing one Garba Fada over the issue of the farm I inherited from grandfather called Dan Ruwa, more than 50years ago no one has ever claimed and we have been working in this farm for all these years. But now Garba claimed that it is his farm. This is why I am suing him before this court so that my farm will be confirmed to me.”
The court of first instance after hearing the parties gave judgment on 2/9/2010 thus:
“I, Hon. Mal. Nasiru Yalli B/Kebbi Judge of Sharia Court Ribah based on the testimonies of these 3 witnesses presented by Aliyu Ibrahim the authorities cited supra and the long duration of years Aliyu Ibrahim has been in possession of this farm. That since from his grandfather called Dan Ruwa descending to his father and finally to him. I decided this case by confirming this farm to the plaintiff Aliyu Ibrahim.”
The plaintiff not being satisfied with the judgment of the Sharia Court Ribah appealed to the Upper Sharia Court Wasagu. When he lost his appeal, he subsequently lodged an appeal to the Sharia Court of Appeal Kebbi State holden at Yauri/Zuru Zone.
The court below also affirmed the earlier decisions of the Sharia Court Ribah and Upper Sharia Court Wasagu.
The lower court decided inter alia as follows:
“Based on the foregoing, we at the Sharia Court of Appeal Kebbi State holden at Yauri/Zuru Zone have affirmed the decision of the lower courts. That is Shariah Court Ribah and USC Wasagu who have confirmed to the respondent Aliyu Ibrahim the farm he is disputing with Garba Bargu. This was based on the testimonies of the 3 witnesses that of farm belong to his grandfather-Dan Ruwa. After his death Aliyu inherited descending to the respondent Aliyu. This is in accordance with the principles of Sharia Law.”
This is the decision being challenged by the appellant in this appeal.
The record of appeal was transmitted to this court on 27/9/12 after which parties through their respective counsel filed and exchanged briefs of argument.
The appellant’s brief of argument was prepared by Mohammed Adeleke appellant’s solicitor, and filed on 10/4/14. Learned appellant’s counsel formulated one issue for determination to wit: whether the court below (Sharia Court of Appeal Kebbi State) was competent to adjudicate on matter concerning ownership of farmland. Learned counsel submitted that the lower court lacked jurisdiction in the matter as it is limited to civil proceedings involving questions of Islamic personal law under section 227(2) of the 1999 constitution. He relied on the following cases:-
a. ALH. YAHAYA SALEWA & 1OR V ALH. MAMMAN & 1 OR [2006] 3 SLR (PT.1) 203 at 212
b. MAISHANU V MANU [2007] NWLR (PT.1032) 42
c. MAGAJI V MATAR [2000]2 NSCQR (PT.1) 636 at 639
He urged the court allow the appeal.
The Respondent’s brief was settled by Garba Abubakar Shehu and filed on 8/5/2014. It was however deemed filed on 2/12/14. Learned counsel for the Respondent withdrew the preliminary objection during the hearing of the appeal and adopted part B of the Respondent’s brief of argument.
In the circumstance the preliminary objection of the Respondent having been withdrawn is accordingly struck out.
Learned Respondent’s counsel adopted the sole issue formulated by the appellant in his brief. He submitted that where the State House of Assembly in exercise of its constitutional powers conferred additional jurisdiction on the Sharia Court of Appeal as done in Kebbi State by virtue of S.12 and 14 of the Sharia (Administration of Justice) Law 2000, then the Sharia Court of Appeal had jurisdiction to hear appeals on land matters.
He urged the court to hold that the court below had the requisite jurisdiction to hear and determine the appeal.
I have carefully considered the contents of the record of appeal alongside the submissions of learned counsel on both sides.
I find the sole issue formulated by the parties as adequate for the determination of this appeal.
The pedestal on which the defence of the Respondent in this appeal rests is the provision of Sections 14 of the Kebbi State Sharia (Administration of Justice) Law 2014. The arguments of learned Respondent’s counsel draw strength from the said law. I must state right away that pedestal on which the arguments rest is fake and void.
The provision of Section 14 of the Kebbi State Sharia (Administration of Justice) Law was considered by this court in ABUBAKAR FARANSI V. HABSATU NOMA [2007] 10 NWLR (PT 1041) and held to be inconsistent with the provision of s.277(1) and (2) of the 1999 constitution and therefore held to be null and void.
Abdullahi PCA in the leading judgment had this to say;
“I agree with the learned counsel for appellant that Section 14 of the Kebbi State Sharia (Administration of Justice) Law 2000 which conferred unlimited jurisdiction in civil and criminal matter to the Sharia Court of Appeal Kebbi State is manifestly inconsistent with the express provision of Section 277(1) and (2) of the 1999 Constitution and by the provision of Section 1(3) of the 1999 Constitution is null and void to the extent of its inconsistency.”
The implication of this is that the submission of counsel for the Respondent holds no water as the foundation on which it rests has collapsed like a pack of cards.
What then remains to be stated is that it is trite law that a Sharia Court of Appeal in exercise of its appellate or supervisory jurisdiction in appeals coming from Sharia Courts must restrict itself to questions of Islamic Personal Law only in accordance with s.277 (1) and (2) of the 1999 constitution for it to have jurisdiction.
See GARBA V DOGON YARO (1991) 1NWLR (Part 165) 102, USMAN V. KAREEM [1995] 2NWLR (PT.379) 537; MAGAJI I. V. MATARI (2000) 8 NWLR (PT 670) 722 etc.
The Sharia Court of Appeal Kebbi State in the light of the above lacked jurisdiction to entertain the appeal in SCA/KBS/WSG/26/2011 Garba Borgu Fada Vs Aliyu Ibrahim.
I therefore resolve the sole issue as formulated by parties in favour of the appellant.
This appeal succeeds. It is hereby allowed. The appeal is hereby remitted back to the High Court of Kebbi State (appellate division) for hearing and determination.
No order as to costs.
PAUL A. GALINJE, J.C.A.: I entirely agree.
MUHAMMED L. SHUAIBU, J.C.A.: I have had the privilege of reading in draft the lead judgment of my learned brother Hon. T. O. Awotoye JCA just delivered.
I entirely agree with the reasoning and conclusion contained in the judgment.
I also allow the appeal and abide by all the consequential orders.
Appearances
Muhammad Adeleke Esq. with A. A. Muh’d Esq.For Appellant
AND
G. A. Shehu Esq.For Respondent
