Alkali Abdulkadir Jeli V. Alhaji Bello Kurmusu (2016) LLJR-CA

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TUNDE OYEBANJI AWOTOYE, J.C.A. 

This is the judgment in respect of the appeal filed by the appellant vide their Notice of Appeal dated 20/5/2014 against the decision of the Sharia Court of Appeal Sokoto in Suit No. SCA/SK/106/2012 delivered on 8/4/2014. It is in respect of a decision of the Lower Sharia Court Tudun Wada Sokoto delivered on 13/6/2012.

The claim of the plaintiff at the Court of first instance i.e. Lower Sharia Court, Tudun Wada Sokoto thus:
“I, Alkali Abdulkadir Jeli, Sokoto Kofar Atiku, am bringing a legal suit against Alhaji Bello Kofar Atiku the cause being that I purchased three (3) Shops from him at the cost of One Million Eight Hundred and Fifty Thousand Naira (N1, 850, 000) the shops are borders on the east with Mahrazu, on the west with Buharin Yaya; on the South with Dan Mansurah and on the North with Modibbo adama road Sokoto.”

The lower Sharia Court Tudun Wada heard the parties and dismissed the claim of the plaintiff.

The plaintiff, miffed by the said decision subsequently appealed to the Upper Sharia Court 1 Sokoto which

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affirmed the decision of the lower Sharia Court.

The plaintiff then further appealed to the Sharia Court of Appeal Sokoto, the Court below affirmed the decision of Upper Sharia Court. The plaintiff being dissatisfied has now appealed to this Court challenging the jurisdiction of the lower Court.
The appellant’s notice of appeal is dated 20/5/2014.
With leave of Court, the appellant filed Amended Notice of Appeal on 10/11/2014.

The sole ground of appeal as per the Amended Notice of Appeal reads
“The Sharia Court of Appeal Sokoto State acted without jurisdiction when it entertained the appeal of the appellant which was heard as Suit No SCA/SK/106/2012 which relate merely to the validation of a sole agreement respecting 3 shops and a house and specific performance or enforcement of same without importing any element of Islamic Personal Law as envisaged by Section 277 of the 1999 Constitution as amended”

The record of appeal was deemed duly compiled and transmitted on 23/2/2015. The appellant’s brief of argument was filed on 25/2/2015. The brief was settled by J. C. Shaka on behalf of

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the appellant.

Learned appellant’s counsel formulated one sole issue for determination as follows:-
“Whether the Sokoto State Sharia Court of Appeal had jurisdiction to entertain the appeal of the appellant the subject matter of which was the validation and specific performance of an agreement for the sale of 3 shops and a house.”

Learned appellant’s counsel referred to the claim at the Court of first instance. He submitted that in view of the clear provisions of Section 277 (1) & (2) of the 1999 Constitution, the lower Court lacked jurisdiction to entertain the appeal before it as it arose from a claim in respect of land without any connection with Islamic Personal Law. He relied on KORAU v. KORAU (1998) 4 NWLR (PT 545) 212 at 222; MAISHANU v. MANU (2007) 7 NWLR (PT 1032) 42.