A Kano State Upper Shari’ah Court, yesterday, ordered arrest on a serving Nigeria Customs Service (NCS) officer, Yusuf Mai Biscuit, for failure to appear and defend his action on property ownership dispute.
The Sharia Khadi, Garba Malafa, gave the order, having satisfied that the defendant was duly served with notice and in pursuance to the prayer of counsel to the applicant.
Counsel to the applicant, Aliyu Abdullahi, had prayed for the intervention of the court over the threat issued by the defendant to eject the applicant from his own property at Kawaji layout, in Nasarawa Local Council of Kano.
The applicant alleged that the Customs officer had marked the property with red paint, claiming ownership, while demanding the applicant to vacate the house.
While seeking the warrant of arrest, the applicant said his prayer was pursuant to the provision of Section 352 of Administration of Criminal Justice Law (ACJL) 2019, arguing that the court bailiff had served the defendant with the court summons directing him to appear before the court.
“We are all aware that everyone is governed by the rule of law. This is 10am, and the defendant was duly informed in the summon paper that the court will commence sitting by 9am.
“His failure to attend the court today without any reason is a contempt of court, which is criminal in nature.” The lawyer argued.
Consequently, the court enquired from the bailiff, who confirmed that he served the defendant with the summon paper hand to hand. He instantly showed the court the proof of the service. The presiding judge, Malafa, ordered the police to arrest the defendant as prayed. The court adjourned the matter to January 8, 2024 for mention.
