February 21, 2018
An FCT High Court, Apo, on Wednesday ruled that Area Courts in the Federal Capital Territory, under the Sharia Court, have no jurisdiction on criminal matters.
Justice Bolaji Belgore, gave the ruling in a suit filed by Anugom Ifeanyi Chukwu, an Abuja-based legal practitioner, against the Grand Khadi, Sharia Court of Appeal and two others.
Belgore declared that All Area Courts in the FCT are restrained from hearing and trying criminal matters under the Penal Code and Administration of Criminal Justice Act 2015.
Belgore, however, declined to nullify judgments and orders made by the Area Courts on criminal proceedings since 2010.
Chukwu had approach the court for interpretation of the following:
“Whether by virtue of enactment of the FCT, Abuja Area Court Act 2010, the Area Courts in the FCT, have the jurisdiction to entertain and try criminal cases under the Penal Code and Administration of Criminal Justice Act 2015?
“If the laws of the Federation 1990 gave the Area Courts in the FCT power to hear and try criminal cases under the Penal Code and Administration of Criminal Justice Act 2015?
The legal practitioner further requested that all final judgments and orders made by the Area Courts on criminal proceedings since 2010 be declared null and void.
Mr I.G. Haruna, counsel to the defendants, had argued that the plaintiff has no right to demand for the enforcement of statutory act, but the court ruled otherwise, that the plaintiff’ has constitutional right to do so.
