An Upper Sharia Court in Kano, presided over by Mallam Abdullahi Halliru, has dismissed the preliminary objection filed by counsel to Inuwa Uba, husband of Asiya Abdullahi Umar Ganduje, challenging its jurisdiction to hear the case.
According to City & Crime, Asiya Umar Ganduje, the governor’s daughter in Kano State, approached the court through her counsel, Barrister Ibrahim Aliyu Nassarawa, praying for the dissolution of her marriage through Islamic means (Khul’i), stating that she was tired of staying with Inuwa Uba.
She expressed her willingness to return N50,000 dowry the husband gave her during the wedding Fatiha.
However, counsel to the defendant said he didn’t know the exact amount paid as dowry during the wedding.
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When the court resumed for ruling on jurisdiction, the presiding judge, declared that his court has jurisdiction to receive, hear and decide a matter related to divorce.
He asked counsel to the defendant how much his client paid as dowry at the time of wedding prayer.
Barrister Umar said he was not aware of the exact amount his client paid to the plaintiff.
Meanwhile, both parties urged the court for a stand down to further confirm from Asiya as well as Inuwa the amount of dowry they all agreed on during the wedding Fatiha.
However, when the court reconvened, counsel to the husband, Barrister Umar said he couldn’t reach his client, Uba on phone and sought an adjournment to clarify the actual amount he paid as dowry.
On his side, Barrister Nassarawa insisted that his client received N50,000 as dowry, and stressed her readiness to return it for the marriage to be dissolved.
After hearing the submissions of both parties, the presiding judge, Malam Halliru Abdullahi, adjourned the case to January 19, 2023 for Barrister Umar to tell the court the actual amount his client paid as dowry to enable it to proceed to the next step.
Speaking with journalists after the court proceeding, Barrister Ibrahim Aliyu Nassarawa explained that every woman who is living under a strange condition has a right under Islamic law to seek for her marriage to be dissolved with the condition of returning the dowry the husband paid to her during their wedding Fatiha.
On his part, Barrister Umar Umar, said the issue was beyond payment of dowry, adding that his client has conditions regarding some of his belongings, before the issue of divorce.
He, however, said his client was ready to reconcile with the plaintiff.
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