A Bida octogenarian cum mega-polygamist and Islamic preacher Mohammadu Bello Masaba has sued a magistrate and his former wife, Hajiya Azatu Adamu, at a Bida High Court in Niger State.
Masaba and seven others are asking the court to quash the decision of the Magistrate, Rahamat Adamu Gado, in referring a case of assault and criminal force filed by Adamu against the applicants to the Attorney General for “possible prosecution.”
The applicants, in a motion exparte, applied for a writ of Certiorari and a stay of proceedings, praying the court to discharge them.
Masaba’s counsel Oluwole Oluranti based his arguments on the grounds of error of law on the face of record and breach of rules of natural justice or duty to act fairly.
The third respondent (Masaba’s ex-wife) on August 15, last year, caused the applicants to appear before a Bida magistrate (first respondent) for offences of criminal force and assault, causing grievous hurt contrary to Section 265 and 246 of the Penal Code Law.
The court referred the case to the police for investigation upon a plea of not guilty by Masaba and the others.
On completion of investigation, the Office of the Area Commander, Bida, submitted its report, which indicated that no evidence could be established or found against Masaba and the others.
The applicants said they were surprised when, on February 27, Gado ordered that the case file be referred to the Office of the Attorney General and Commissioner for Justice for prosecution or action.
The case will come up before Justice Musa Abdul on March 20 at Bida High Court.
Source: The Nation