The super polygamists with 86 wives based in Bida Alhaji Mohammadu Bello Masaba has dragged a Magistrate and one of his former wife, Hajiya Azatu Adamu before a Bida High Court.
The octogenarian and seven others are asking the High Court to quash the decision of Magistrate Rahamat Adamu Gado for referring a case of criminal force and assault filed by Azatu against the applicants to the Attorney General for prosecution.
In a motion ex parte , Masaba applied for a writ of Certiorari quashing the proceedings in the case no BD/MC/DCR/43/2013 filed by Azatu. He is also is seeking an order for a stay of proceedings and actions relating to the case and praying that the court to discharge all the applicants.
Counsel to Masaba, Oluwole Oluranti in a statement in support of his application, based his prayers on the grounds of error of law in the face of record and breach of rules of natural justice or duty to act fairly.
Azatu an ex wife of Masaba had on August 15, 2013 caused the applicants to appeared before a Bida Magistrate (1st Respondent) for offences of criminal force and assault, causing grievous hurt contrary to Section 265 and 246 of Penal Code Law upon her direct complaint.
The court then referred the case to the Police for investigations upon the plea of not guilt by Masaba and others. On completion of investigation, the Office of the Area Commander, Nigeria Police, Bida submitted its report which indicated that no evidence could be established or found against Masaba and others on any of the allegations against them.
In response to the reference of the case to the Attorney General’s Chambers, the applicants said they were surprised that on February 27, 2014 Magistrate Gado ordered that the case file be referred to the office of the Attorney General and Commissioner for Justice for possible prosecution or action.
The octogenarian and seven others are asking the High Court to quash the decision of Magistrate Rahamat Adamu Gado for referring a case of criminal force and assault filed by Azatu against the applicants to the Attorney General for prosecution.
In a motion ex parte , Masaba applied for a writ of Certiorari quashing the proceedings in the case no BD/MC/DCR/43/2013 filed by Azatu. He is also is seeking an order for a stay of proceedings and actions relating to the case and praying that the court to discharge all the applicants.
Counsel to Masaba, Oluwole Oluranti in a statement in support of his application, based his prayers on the grounds of error of law in the face of record and breach of rules of natural justice or duty to act fairly.
Azatu an ex wife of Masaba had on August 15, 2013 caused the applicants to appeared before a Bida Magistrate (1st Respondent) for offences of criminal force and assault, causing grievous hurt contrary to Section 265 and 246 of Penal Code Law upon her direct complaint.
The court then referred the case to the Police for investigations upon the plea of not guilt by Masaba and others. On completion of investigation, the Office of the Area Commander, Nigeria Police, Bida submitted its report which indicated that no evidence could be established or found against Masaba and others on any of the allegations against them.
In response to the reference of the case to the Attorney General’s Chambers, the applicants said they were surprised that on February 27, 2014 Magistrate Gado ordered that the case file be referred to the office of the Attorney General and Commissioner for Justice for possible prosecution or action.
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