Bauchi Upper Sharia court one on Tuesday granted a stay of execution on judgment that dissolved the 12 years old marriage with three kids between Alhassan Habib Jibrin, Husband of Halima Ahmadu.
Earlier Halima in a suit number USCI/BH/CVF/66/2021 took her husband before upper Sharia court in Bauchi and asked the court to dissolve their 12 year marriage blessed with three kids because she is no longer interested in the marriage,
By forcing her to stay in her matrimonial will make her to disobey Allah , she asked the court to allow her to return his dowry under section21 rule 1(1)(2)(3) of Bauchi State civil shariah Rules Procedures.
Husband of Halima who is currently residing in London through his counsel Usman Bappah Darazo accompanied by five other counsels as defendants argued that what the plaintiff did was abuse of court processes,
“Because she had earlier filed a suit before Upper sharia Court Kano, in a suit No CV/216/20, and the court struck out the suit for lacks of jurisdiction and the appellant filed an appeal before Sharia Court of Appeal Kano,
“in a suit No SCA/KN/CV/151/2021, but she later withdrew the appeal and filed a fresh case in Bauchi.
They argued that the Judgment of Kano Upper Shari’ah court still subsist, and said its not good for the appellant to go on forum shopping by knocking at the doors of different court just to get what will please her, and asked the court to asked her to go back and follow her appeal.
Counsel to the appellant Umar Sa’id said the complainant has every right to file a suit before the Bauchi Shari’ah court because she has finished with all the cases filed in Kano and urged the court to entertain the suit and to dissolve the marriage between the complainant and her Husband.
The Presiding Judge Hussaini Turaki ordered the dissolution of the marriage and asked the plaintiff to pay the N420,000 dowry paid to them,
He give 30 days to whoever is not satisfied to file an appeal,
The counsel to the defendant husband, Usman Bappah Darazo husband filed an appeal and a motion for stay of the execution of the Judgment.
Turaki granted and execution of the judgment was stayed till the determination of the Appeal filed by the applicant before the Sharia court of Appeal Bauchi.