"Preliminary Objection Ignites Intense Legal Battle in Argungu Criminal Conspiracy Suit Against Ex-Council Chairman"

 By Umar Faruk 

A Chief Magistrate Court 1 in Argungu, Kebbi State, resumed hearing in a criminal conspiracy, trespass, and theft case against three defendants: Alhaji Salihu Ahmed (KC), Aminu Tsalhatu, and Aliyu Bagobiri. The defendants were arraigned on Monday last week.

The complainants, Sani Dan Bage, Rufa'i Salihu, and Samaila Umar Zamawa, instituted this action before Chief Magistrate Court 1 Argungu.

Counsel to the defendants informed the court that he has a pending preliminary objection (PO) and is ready to move it, subject to the court's consideration.

Barrister Nasir Salihu Gulma, counsel for the complainants, as well  responded  by filing a counter to preliminary objection filed by Barrister Abdul Rahman Dahiru. 

The Defendants' counsel, while moving the objection,  prayed for the following orders:

1. An order dismissing case No. MC/AR/10DC/2024 for abuse of court process and forum shopping, as the cause of action has been judicially determined by the Kebbi State High Court, Argungu Division, in suit No. KB/HC/AR/4CV/2024.

2. An order dismissing the case for inability to disclose a reasonable cause of action.

3. An order awarding punitive costs of N800,000 against the respondents for contemptuous abuse of court process.

4. An order stating that the court lacks jurisdiction to entertain this matter, as the subject matter has been properly adjudicated by Kebbi state High court, Argungu Division, in suit No. KB/HC/AR/4CV/2024.

The respondents allegedly stated that this matter is currently before the Court of Appeal, Sokoto Division, although the applicants were not served with the notice of appeal.

This action, as presently constituted, does not disclose any reasonable cause of action requiring the attention of this honorable court.

However, the preliminary objection is accompanied by an affidavit in support, deposed by Nafiu Abdulkadir, which raises the issue of "whether this court can entertain the case as presently constituted"?.

Barrister Dahiru further submits that his legal arguments support raising the same preliminary objection before the court and urges the court to hold and dismiss the case.

Counsel for the complainants, Barrister Nasir Salihu Gulma, filed a counter-affidavit opposing the notice of preliminary objection. Deposed by Hajara Usman of Dawaki Law Chambers, the counter-affidavit contests the defendants' assertions.

The defendants denied paragraphs 1-5 of the notice of preliminary objection. However, in response, it is argued that only the 1st defendant is involved in Case No. KB/HC/AR/4CV/2024, excluding the 2nd and 3rd defendants as ex-council chairman of Argungu Local Government.

The appeal is pending before the Court of Appeal, Sokoto Division, with notice of appeal annexed as EXH. "A". The 1st defendant was served, while the 2nd and 3rd defendants cannot be served as non-parties to the appeal.

A motion for stay of execution was filed before the High Court, Birnin Kebbi, with respondents' response annexed as EXH. "B". The appeal continues until final determination by the Supreme Court.

Counsel for the complainants urges the court to dismiss the preliminary objection and allow the case to proceed, arguing it does not constitute abuse of court process.

The court, having heard submissions from both parties, adjourned the matter until January 6th, 2025, for delivery of its ruling on the issue of jurisdiction.