Police in Kano State have asked the state High Court to award a punitive cost of N500,000 against Murja Ibrahim Kunya, a TikToker based in the state, for joining them in a fundamental human rights enforcement suit, which the police see as an abuse of the court process.
The state police command, represented by Barrister Abdussalam Saleh Danmaidaki, also asked the court to strike out its name as 3rd respondent in the case.
The lawyer added that the 3rd respondent (the police) does not know any of the parties to the suit and has not received any complaint to warrant inviting the parties for investigation.
“The suit against the 3rd respondent is speculative and abuse of court process,” he argued.
Recall that a famous Kano TikToker, Murja Kunya has filed a suit before the court against the Kano State Attorney General, the Presiding Judge of Upper Shariah Court Kwana Hudu, Justice Nura Yusuf Ahmad, Commissioner of Police, Kano State, the Kano State Hisbah Board, the Hospital Management Board and the Federal Neuro-Psychiatric Hospital Dawanau.
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The state counsel, Salisu M. Tahir, who was standing for the 1st, 2nd, 4th and 5th respondent in the case, said that the Hisbah Board (4th respondent) has powers in the case of immortal activities in the state pursuant to Section 10 (b) (e,) of Kano State Hisbah Board Law (2005 as amended).
“The genesis of the case against the applicant centred purely on the excessive immoral act, which clearly contravened the law establishing the Hisbah Board, as well as religious, cultural norms and values of the society, which led the Hisbah under Section 10 (b) by first inviting the applicant for counselling but upon her refusal, she was arrested and reported to the very authority which is the court of competent jurisdiction.”
The state counsel added that the Kano State Hospital Management Board (5th respondent) did not directly or indirectly deny her counsel or family access to her during their visit, but only informed them to come during the recognised official visiting hour.
According to Tahir, the presiding judge of the Shariah Court, Nura Ahmad (2nd respondent) ordered a mental evaluation of the applicant to ensure whether the applicant has what it takes to stand trial.
“It is not correct that the 4th respondent decided that, the 2nd respondent would try the applicant even before the First Information Reports directed by the Chief Registrar. This cannot be done by whatever means,” he said.
They also urged the court to refuse the applicant’s application as it is entirely baseless.
Earlier, the counsel for Murja Kunya Umar, Faruk Aliyu, asked the court to grant their prayers before it.
“Our major prayer is that we urged this honourable court to remove and quash the proceedings of a criminal case involving our client before the Upper Shariah, Kwana Hudu and also to compel Kano State Hospitals Management Board to release to the applicant her white iPhone Promax 25m dual and a zenith bank ATM card.”
The presiding judge, Justice Nasiru Saminu, adjourned the case to March 25, for ruling.
