A wife to the Late Emir of Dutse, Asiya Nuhu Sanusi has dragged the Emir of Dutse, Hamim Nuhu Sanusi to the Shari’a Court of Appeal over fundamental right to inheritance.
In a suit filed by her solicitor, Barrister Abdulhali Ali Esq, the wife of the former Emir and seven others, dragged Emir Hamim Nuhu Sanusi and six others as respondents and the state Upper Shari’a court 1 as respondents challenging an earlier judgement by a Judge of the Upper Shari’a court, led by Khadi Ado BirninKudu for allegedly erring in a case of inheritance brought before him by the family.
In the suit, number SCAJG/CV/2023, the wife of the former Emir is asking the Shari’a Court of Appeal to determine whether the lower Upper Court has not erred when it decided that a property with number 17 JGNL/DU/RES/94/264, given to her by her late husband when he was alive can be taken and returned as a family property.
She asked the appeal court to determine whether the evidence she gave in the court of a letter signed by the late emir with registration number LPR/DU/3 with the certificate number JGNL/DU/RES/94/511 is not enough to prove her ownership.
The suit disclosed that the late emir, before his death, gave each of his wives two houses, but the Upper Shari’a court Judge admitted and accepted the gifts to the other wives while taking over hers and returning as family property.
She added in the suit that property with number JGNL/DU/RES/92/5 was given to her co-wife, one Gaji Nuhu Sanusi, which was admitted and left to her by the Upper Shari’a court despite ruling that hers cannot stand.
She described the late emir as a just person who treated his family equally, hence his decision to give each one of them two houses when he was alive.
Citing the provision of Nigerian constitution section 36 (1) and some Quranic verses on inheritance and Will, the late Emir’s wife challenged the decision of the lower court and urged the Appeal court to set aside the decision to take over her property as illegal.
She also disclosed that the lower sharia court has not given her the opportunity to prove her ownership despite tendering evidence as cited in the suit.
Late Nuhu Muhammadu Sanusi died on the 30th of January 2023 and left behind two wives and 13 children. He also had another wife who was divorced before his death.
When our correspondent checked at the Shari’a court of appeal in Dutse, a registrar, who asked not be named, informed our Reporter that no date has been set aside for hearing of the case.
SOLACEBASE
