By; SANI ALIYU, Zaria
Victim of sex assault, one Zaliha Hussaini has approached the Upper Sharia Court II, ‘Yan Tukwane in Zaria City, seeking for a review of the judgment of Sharia Court II, Sabon Gari- Zaria, which convicted one Rabiu Ibrahim of impregnating her.
It would be recalled that in December 2020, Rabiu Ibrahim instituted a case against Zaliha Hussaini before Sharia Court II, Sabon Gari-Zaria, seeking for an order to disassociate him from a claim that he is the father of her baby boy which pregnancy he claimed responsibility of.
On Sept. 13, 2021, Sharia Court II, presided over by Shittu Umar, found Rabiu Ibrahim guilty of impregnating Zaliha Hussaini illegally.
Rabiu Ibrahim was subsequently sentenced to three years imprisonment with an option of a fine of N60,000.
However, Zaliha Hussaini, through her counsel, Messr A.U. Hajji and Associates, appealed the judgment of Sharia Court II, Sabon Gari, to Upper Sharia Court II Zaria, seeking for a review of the judgment.
At the resumed hearing of the case, the lead counsel of the Appellant, Mr Kaliel Kabir, told the court that the appeal was hinged on the alleged failure of the trial court to consider and ascertain the position of the child.
Kabir alleged that the trial court failed to properly evaluate the evidence before arriving at its decision and it also turned the civil matter to a criminal matter.
“My lord, the judgment at the trial court was in our favour and we appealed because the trial court failed to ascertain the position of the child”.
“Our appeal was for the review of the decision of the lower court as the judgment of the lower court has already convicted the respondent (Rabiu Ibrahim) for impregnating the appellant (Zaliha Hussaini),’’ he said.
In his response, the respondent, represented by Mr Uwaisu Adamu, said there were a mix-up in their submissions and applied for adjournment to enable him respond to the Appellant’s argument.
In his ruling, the presiding judge, Musa Ibrahim Hunkuyi, adjourned the matter to Feb. 17 for continuation of hearing.
On Sept. 13, 2021, Sharia Court II, presided over by Shittu Umar, found Rabiu Ibrahim guilty of impregnating Zaliha Hussaini illegally.
Rabiu Ibrahim was subsequently sentenced to three years imprisonment with an option of a fine of N60,000.
However, Zaliha Hussaini, through her counsel, Messr A.U. Hajji and Associates, appealed the judgment of Sharia Court II, Sabon Gari, to Upper Sharia Court II Zaria, seeking for a review of the judgment.
At the resumed hearing of the case, the lead counsel of the Appellant, Mr Kaliel Kabir, told the court that the appeal was hinged on the alleged failure of the trial court to consider and ascertain the position of the child.
Kabir alleged that the trial court failed to properly evaluate the evidence before arriving at its decision and it also turned the civil matter to a criminal matter.
“My lord, the judgment at the trial court was in our favour and we appealed because the trial court failed to ascertain the position of the child”.
“Our appeal was for the review of the decision of the lower court as the judgment of the lower court has already convicted the respondent (Rabiu Ibrahim) for impregnating the appellant (Zaliha Hussaini),’’ he said.
In his response, the respondent, represented by Mr Uwaisu Adamu, said there were a mix-up in their submissions and applied for adjournment to enable him respond to the Appellant’s argument.
In his ruling, the presiding judge, Musa Ibrahim Hunkuyi, adjourned the matter to Feb. 17 for continuation of hearing.
