Appeal Court Overrules Sharia Court Over Herders Eviction In Jigawa
An appeal court sitting in Dutse, the Jigawa State capital on Tuesday, overruled an eviction order for herders’ settlement by an Upper Sharia Court.
The appeal was filed by Muhammad Jingi, a resident of Fagam District, Gwaram Local Government Area, through his counsels Baffa Alhassan and Hafizu Abubakar.
Both men provided free legal services to the evicted herders.
The respondent was the District Head of Fagam, Auwalu Adamu, who earlier instituted the case in the Sharia court claiming Mr Jingi’s land settlement after the latter failed to renew his annual settlement dues.
Previously, the Sharia Court sitting in Gwaram ruled in favour of the District Head, ordered the herders to vacate their settlement in Fagam District.
Delivering the lead judgement, which was adopted by one other judge Abubakar Sambo, Justice Umar Sadiq held that the upper Sharia Court lacks the jurisdiction to entertain such matter.
The judge stated further that “all the five Emirate Councils in Jigawa State were the creation of the law.”
In the verdict, Justice Sadiq said, “in the result, the trial by the Gwaram Upper Sharia Court without jurisdiction has hereby voided the decision and the consequential order are hereby set aside, the appeal succeeds.”
After the court session, the appellant lawyer, Hafizu Abubakar, said the judgement is well delivered and justice was served by the judgement.
“The court as we rightly complained declared that the upper Sharia Court has no jurisdiction to entertain the case and the claimant has no right over the land he claimed,” he said.
The respondent’s lawyer, Fa’izu King, however, said although the judgement is against his client, “I can’t say we’re going to appeal or not considering the well-delivered judgement.”
He concluded that “We’re going to study the record and decide on the next step,”
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