The Bida-based octogenarian mega polygamist and Islamic preacher, Alhaji Bello Masaba, has dragged a Magistrate and his former wife, Hajiya Azatu Adamu, before a Bida High Court.
Masaba and seven others are asking the High Court to quash the decision of Magistrate Rahamat Gado, referring a case of criminal force and assault filed by Azatu against the applicants to Attorney General for “possible prosecution.”
The applicants, in a motion exparte, applied for a writ of Certiorari quashing the proceedings in the case no BD/MC/DCR/43/2013 filed by Azatu and for an order for a stay of proceedings and actions relating to the case.
They also prayed the court to discharge all the applicants.
Counsel for Masaba, Oluwole Oluranti, in a statement in support of his application, based his prayers on the grounds of error of law on the face of record and breach of rules of natural justice or duty to act fairly.
The 3rd respondent (Masaba’s ex-wife) had on August 15, 2013 caused the applicants to appear 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 investigation 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.
The applicants said they were taken aback on February 27, 2014, when the presiding magistrate (Rahamat 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 case is scheduled for March 20 before Justice Musa Abdul at Bida High Court.