Justice A M Liman of the Federal High Court, sitting in Kano on Thursday reserved a ruling on the bail application moved by the controversial Kano TikToker, Murja Ibrahim Kunya.
Kunya is been remanded by the order of the state Sha’ria court on a charge of inciting public disturbance, brought before it by Kano Hisbah Board.
Upon her arraignment a few weeks back, the Sha’ria court later recommended a psychiatric evaluation to check her mental state at Abdullah Wase Specialist Hospital, where she has been detained in the last 14 days.
Disturbed by her continuous detention without charge, the TikToke influencer through her counsel approached the Federal High Court, seeking enforcement of her fundamental human rights which she claimed were being infringed.
She has joined the Kano Hisbah Board, Kano State Attorney General and Commissioner for Justice, and Sharia court in the suit to reclaim her rights.
The court had earlier granted an exparte mandating the Hisbah board to produce the applicant for a hearing on the matter.
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At the resumed hearing on the substantive matter on Thursday, counsel to Kunya, Barr. Y. A Faragai drew the attention of the court to the conspicuous absence of Kunya in the court as against the directive of the lordship.
The applicant’s lawyer argued that the board has refused to produce his client despite the order of the court, an action he considered an affront to the rule of justice.
Reacting, counsel to all the respondents, Barr. H. H. Sulaiman, a Deputy Director of Civil Litigation, told the court that he had formerly requested the release of the applicant from custody and still waiting for compliance.
However, the court suggested that the applicant’s lawyer should move the application on the substantive motion, pending when Kunya is produced.
But counsel to Kunya however pleaded on the court to stand down the matter for one hour for the respondent to produce the applicant.
Justice Liman granted the oral appeal and subsequently ordered Hisbah to produce the controversial TikToker before the court by 2pm.
When the court reconvened the hearing at exactly 2.46pm, counsel to the respondents, H.H Sulaiman informed the court of the presence of the applicant in court.
He subsequently moved a motion of preliminary objection to challenge the bail application of the applicant.
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Barr. Sulaiman also argued that the Barr. Faragai is constituting an abuse of the court process with the motion on notice since the applicant is already before Justice Nasiru Saminu of the state high court on the same subject matter.
Barr. Sulaiman thereafter asked the court to dis countenance the fundamental rights application.
In his counterargument, Barr. Faragai urged the court to rather assume jurisdiction and dispense justice on the matter, insisted the concurrent matters rightly involved same client but dwelled on different subject matter.
After hearing theargument from both parties, the presiding Judge, Justice Liman reserved judgment till 28th March, 2024.
