Abubakar Musa, ASD and sanctity of the courts

There is nothing as disingenuous as ‘Forum Shopping’ to achieve a premeditated goal of tarnishing the image of someone. Similarly, the sanctity of the Rule of Law all over the world is the first symbol that defines the character of people in any given society. Simply put, forum shopping is a conversational term used by […]

There is nothing as disingenuous as ‘Forum Shopping’ to achieve a premeditated goal of tarnishing the image of someone.

Similarly, the sanctity of the Rule of Law all over the world is the first symbol that defines the character of people in any given society.

Simply put, forum shopping is a conversational term used by judges and lawyers to scold some desperate litigants who struggle by hook or crook to have their legal case(s) heard in the court(s) they think will most likely provide them favourable judgment or soft landing when it is obvious they are on the wrong side of the law and in the eyes of right thinking members of the society.

Some courts or judges have, for example, become known as “plaintiff-friendly” and therefore easily attract litigants who are desperately looking for favourable legal backing even when there is little or no connection between the issues at hand and the jurisdiction in which they are to be litigated.

The above definition brings to mind the duplicitous approach by the former Chairman of Peugeot Automobile Nigeria (PAN), Alhaji Sani Dauda popularly known as ASD, and those close to him, all in an effort to bring his son-in-law, Alhaji Abubakar Musa, to disrepute.

While I have no intention to speak for any of the parties despite the fact that I have known the two families very closely, related with them for many years and understood what they stand for in the society in terms of moral rectitude, I am compelled to speak for the truth and the Nigeria judicial system.

Indeed, there is a serious contempt of the law in the last few days because of marital issues that link Musa and the ASD family.

Obviously, if there is the fear of God, mutual respect and good family virtues, the matter would have been amicably resolved long ago, but alas it is now the talk of the town and for the wrong reasons.

The whole embarrassing impasse came to the public glare shortly after the recent arrest of Alhaji Dauda, who despite a subsisting court order, wise counsel by people of impeccable character, went ahead and gave out his daughter, Nasiba Sani Dauda, for marriage to another person named Abdullahi Kaloma.

This is despite the fact that she is legally married to Musa.

People of unquestionable standing in the society who are close to the two families have frowned at this move and some Islamic clerics, through prominent organizations, have also condemned the illegal conjugal contract which is nothing but an affront on good conscience, a contempt of court, an act which is forbidden in Islam and also an outright breach of the acceptable norms and values of northern Nigeria.

And while Musa took every positive step to exercise caution by suppressing unsolicited provocations to fight with his in-laws in the market square, it seems there is a calculated attempt by his desperate in-laws to pull him down after throwing caution to the wind.

It is evident that they commissioned endless campaign in social and traditional media to spoil his hard-earned reputation, bring him to disrepute and cause him permanent emotional distress.

But the truth is that media trial and campaign of calumny, outright blackmail through spurious claims and defamation of character might indeed give temporary succour to the sponsors but, certainty, the merciful God, the Creator of the world and heavens, will not allow the real truth to be suppressed for long.

For sure, Nasiba had on November 11, 2019, through her Instagram handle, chibus_ enterprise, made wild and defamatory allegations against her husband, Musa.

It was indeed a claim that might most likely attract some sympathies for her from strangers but will not stand the test of time.

For those who know Musa, the kind of person he is, the kind of people he relates with and his relationship with God, all the claims made against him by Nasiba and her sponsors will hardly make any impact.

This is simply because those who know him are fully aware of the emotional stress and psychological trauma he was subjected to by ASD and those assisting him in his misadventure.

Similarly, like any other serious adult, Musa will not allow his hard-earned reputation to be thrown away overnight.

I think this is why he remains resolute in his bid to protect his name and that of his family. This is why rather than taking the laws into his hands, he instead asked his lawyers, Rilwanu Umar Co., to lodge a criminal complaint at the office of the commissioner of police in Kaduna State over criminal defamation of character by his wife Nasiba Sani Dauda.

Besides, Musa has been patiently responding to every case taken to court by the ASD family, but the curious issue here is that the same ASD and those close to him, who have been going from one court to another, are crying more than the bereaved Musa.

As a reminder to what is in the public domain, Musa got married to Nasiba in 2016 and he is still legally married to her up till this moment.

Curiously, Nasiba in 2018 obtained a dissolution order from Grade 1 Sharia Court, Tudun Wada, Kaduna, insisting that the marriage was over.

However, the dissolution order was vacated by an Upper Sharia Court sitting at Kawo in Kaduna State, at the instance of Musa on ground of lack of jurisdiction on the part of the lower court.

This means that the dissolution of the marriage by the lower court is null and void and of no effect. It also means that Nasiba Sani Dauda and Alhaji Abubakar Musa remained husband and wife.

Even though the judgment of the Upper Sharia Court was subsequently appealed by Nasiba at the Sharia Court of Appeal, Kaduna, she nonetheless filed a similar one at the High Court of the Federal Capital Territory, Abuja.

The two cases are still pending and this means the ruling of the Upper Sharia Court in Kaduna is still binding because there was no any other ruling that upturned it.

The hearing of Nasiba’s prayers for a judicial review at the FCT High Court will be coming up on Monday, November 25, 2019.

But surprisingly, in spite of the pending cases in court, Nasiba was secretly given out in marriage by her father to one Abdullahi Kaloma.

This is a clear violation of Section 384 (1) of the Penal Code, which criminalizes such conduct. This is known as Aure Akan Aure in Hausa.

It is for this reason that Musa, her husband, once again wrote a petition through his counsel, Rilwanu Umar & Co., to the Police Command Headquarters, Kaduna, alleging inter-alia: criminal conspiracy, assault, wrongful confinement, wrongful restraint, force imprisonment, voluntarily causing harm, enticement of a married woman, bigamy, remarried with concealment from former marriage, contrary to the provisions of the Penal Code.

For the avoidance of doubt, Sections 384, 385 and 389 of the Penal Code law are quite explicit on these infractions. Sections 385, for instance, note that anybody who remarries with concealment of former marriage shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to a fine.

I strongly believe while it is necessary for us in Nigeria to respect the sanctity of our courts and the judicial system, I hope this submission will set the record straight while we await the verdict of our learned judges.

Comrade Salihu, a school teacher sent this piece from Kaduna