Kaduna mosque dispute: BoT members appeal after court dismisses suit against CAC

Members of the Board of Trustees (BoT) of Al Manar Education and Development Foundation, proprietors of the Al Manar Juma’at Mosque in Kaduna, said they would appeal a Federal High Court judgment that dismissed their suit challenging their suspension by the Corporate Affairs Commission (CAC). Justice Rilwanu Aikawa of the Federal High Court in Kaduna […]

Members of the Board of Trustees (BoT) of Al Manar Education and Development Foundation, proprietors of the Al Manar Juma’at Mosque in Kaduna, said they would appeal a Federal High Court judgment that dismissed their suit challenging their suspension by the Corporate Affairs Commission (CAC).

Justice Rilwanu Aikawa of the Federal High Court in Kaduna on Thursday struck out the case, ruling that it was improperly filed as a fundamental human rights application.

The court held that the issues raised by the applicants did not fall within the scope of enforceable fundamental rights.

The trustees had approached the court seeking to set aside their suspension by the CAC, arguing that the action was taken without affording them a fair hearing.

Speaking after the judgment, counsel to the applicants, Mas’ud Alabelewe Esq., said the suit was filed on the grounds that the trustees’ right to a fair hearing had been violated, but noted that the court adopted a different legal interpretation.

Alabelewe said the trustees have applied for the Certified True Copy (CTC) of the judgment to enable a detailed review before deciding on the next legal step, including a possible appeal.

A suspended BoT member, Alhaji Aliyu Moddibo, said the trustees were likely to approach the Court of Appeal after studying the full ruling, describing the matter as a dispute over the management and future of the foundation’s assets.

Contacted for comment, the Chief Imam, Sheikh Tukur Adam Al-Mannar, declined to speak on the court’s ruling but rejected allegations of financial impropriety.

On claims of a forceful takeover, he said the mosque does not belong to the community but is a Da’awah project handed over to him by the founders several years ago.