The Court of Appeal sitting in Kaduna has ordered Mahadi Shehu to submit himself for trial at Upper Shariah Court in Katsina.
He is currently facing charges of defamation in a suit filed by a former secretary to the Katsina State government, Mustapha Muhammad Inuwa.
Inuwa had on November 19, 2020 sued Mahadi Shehu at the Upper Shari’a Court 2 sitting in Katsina metropolis for alleged defamation of character.
Inuwa’s suit, CRFI/424/2020 was filed under Section 188 of the Shari’a Penal Code Law of Katsina State.
When the case came up on December 15, 2020, Shehu was not present in the court, prompting the court to adjourn after ordering him to appear personally.
However, on the next adjourned date, Shehu was absent, hence the court issued a warrant for his arrest.
Shehu approached the Katsina State High Court to contest the warrant for his arrest. Even though the suit was dismissed, he failed to appear before the court to answer charges against him.
To compel his appearance, the shariah court issued yet another order for his arrest on 29/12/2022.
However, Shehu approached the Katsina High court and filed for a judicial review. On 5/4/2024, the court set aside the order for Shehu’s arrest, quashed the entire proceedings of the Upper Shari’a Court and remitted the case to the Chief Magistrate 1 Katsina for re-assignment to another court other than the Shari’a Court, for retrial.
Dissatisfied with the High Court’s decision, Mustapha Inuwa approached the court of Appeal sitting in Kaduna.
In its ruling on Inuwa’s suit, the appellate court held that the suit filed by Shehu challenging the Upper Shari’a court’s order for his (Shehu’s) arrest and which also sought to set aside and quash the decision of the Upper Shari’a court, constitutes an abuse of court process
The appellate court also ruled that the decision of the High Court presided over by Justice Abubakar Maude Ibrahim constituted an error of law.
“The appeal succeeds and the findings of the trial high court quashing the proceedings of the 2nd Respondent (Mustapha Musa Abubakar Sa’id, presiding judge, Upper Shari’a Court No. 2 G.R.A. Katsina State) is set aside for being unfounded in law and a brazen abuse of court process.
“The 1st Respondent (Mahdi Shehu) shall submit himself to the trial upper sharia court to answer the charges against him forthwith.
“The cost of Fifty Thousand Naira is hereby awarded against the 1st Respondent (Mahdi Shehu) in favour of the appellant (Mustapha Inuwa)”
