Desmond Mgboh, Kano
There was mild jubilation in some parts Kano State metropolis, following a ruling of a Kano High Court restraining the Hisbah Board (Islamic Police) from further raids and arrests or prosecution of members of the Hoteliers Association in the state.
Justice Rabiu A Sadiq, of Kano High Court, delivered judgement in suit number K/102/2014, and restrained the state’s Hisbah Board either by itself, agents, privies, assigns and whosoever is acting on its behalf from further attack, raid, arrest, detention, prosecution and confiscating of the property of hotel owners or molesting members of the same association in the state.
In granting the prayers of the plaintiff in the case, the court declared that activities of the Hisbah Board, through its officers, as it pertains to attacking and raiding of hotels in the state, including the arrest and prosecution of owners of such hotels, as well as confiscation of their properties, were illegal and therefore, null and void.
Furtermore, the judge said the law which established Hisbah clearly spelt out the scope of its functions, and added that they exceeded their functions as provided by their enabling law when they undertook to arrest, detain and prosecute the members of the Hoteliers Association in the state.
The judge ordered the Board to pay N500, 000 as damages, in favour of the association in the state, as against the applicant’s prayer of N100 million in damages. The association in the state, through its counsel, Magaji Matu Ibrahim, had, four years ago, approached the court to protect their constitutional right in the face of reoccurring raids of their hotels, arrests of their members under the guise of implementation the state’s Islamic law and confiscation of their business property under the same excuse.
Ibrahim said he was glad with the judgement and told Daily Sun, yesterday, that the association was relieved by the judgement and added that any such attacks would no longer be between Hisbah officials and the hoteliers but contempt of the court.