By Ismail Auwal
A mother of three in a suit filed before a Bauchi State Upper Shari’ah Court returned N420,000 dowry requesting that her 12-year marriage be annulled.
The enraged mother, identified as Halimah Ahmadu, argued in a suit No USCI/BH/CVF/66/2021 that remaining in the conjugal union could lead to her committing sin, which she despises.
Therefore, Halima asked for a judgment of the court allowing her to return the N420,000 dowry Alhassan Jibrin paid in 2009 when they were joined as husband and wife in line with the provisions of section 21 rule 1(1)(2)(3) of Bauchi State Civil Shari’ah Rules Procedures.
Hussaini A Turaki, the presiding judge, ordered the marriage to be annulled and ordered Halima to return the N420,000 dowry she had received.
He also gave both parties 30 days to file an appeal if they were dissatisfied with his decision, which was delivered on February 28th, 2022.
Halima reportedly first sought an annulment of her marriage at Kano State’s Upper Shariah Court in case No CV/216/20, but the judge dismissed the case for lack of jurisdiction.
She appealed the court’s decision in case No SCA/KN/CV/151/2021 to the Kano Shari’ah Court of Appeal, but later withdrew the appeal and filed a new case with the Bauchi State Upper Shari’ah Court.
The husband Alhassan, who is based in London, protest the judgment by filing an appeal before the Bauchi State Shariah Court of Appeal through his counsel Barrister Usman Bappah Darazo.
He filed a motion to stay the execution of the judgment in his wife’s favor.
His counsel argued that the defendant committed “abuse of court processes because she had previously filed a suit before Upper Shari’ah Court Kano, in a suit No CV/216/20, and the court struck out the suit for lack of jurisdiction and filed an appeal before Shari’ah Court of Appeal Kano, in a suit No SCA/KN/CV/151/2021, but she later withdrew the appeal and filed a fresh case in Bauchi.”
He stated that the Kano Upper Shari’ah Court’s decision is still in effect, and it is not appropriate for Halima to “go forum shopping by knocking on the doors of different courts just to get what will please her and asked the court to ask her to go back and follow her appeal.”
Umar Sa’id, Halima’s counsel, stated that the complainant has every right to file a suit before the Bauchi Shari’ah Court because she has completed all cases filed in Kano, and urged the court to entertain the suit and dissolve the complainant’s marriage with her husband.
However, Alhassan’s counsel filed a motion seeking an order directing the parties involved to maintain the status quo pending the court’s decision.
The presiding Judge, Justice Hussaini Turaki, granted the husband’s counsel’s application and ordered a stay of execution of the previous judgment in favor of Halima