From Femi Oyelola, Kaduna
Kaduna State government has prayed a Shari’a court sitting at Rigasa In Igabi Local Government Area of the state, to grant her custody of two children who were allegedly sexually abused by their biological father.
The Commissioner of Human Services and Social Development, Hafsat Mohammed-Baba, made the prayer during a meeting with the judge, Dahiru Bamalli over a recent controversy on the court granting custody to the biological father,who is standing trial for sexually abusing them.
The biological mother of the children Fatima Muhammad had filed a suit against her husband ,Muhammad Isah at the Shari’a court for allegedly having canal knowledge of their two underage children.
The complainant, however, took the matter to the state’s criminal investigation department with the matter still in court.
The matter had been brought back to the court after much controversies and misinterpretation by members of the public on the case and had been adjourned to Feb 26.
The commissioner said that the Kaduna state governor Malam Nasir El-rufai along with one of his wives had Intervened into the matter and wants the children to be under government custody.
“ It is our responsibility to protect and safeguard children; we are not involving ourselves in court matters as we support the judiciary and whatever decision it takes.
“ We apologise to the judge for any misunderstanding because we know he is a man that that protects the rights of women and children; we urge him to be just and fair in dealing with the case”,she said.
On his part, the Judge said that ,the court was in the process of investigating the matter and could not convict any accused person without proof and evidence.
He said the complainant had failed to present herself in court for three adjourned date after filing a case against her husband and later took the matter to police which was unconstitutional.
“The village head of the area she was residing with her daughters came to the court to complain about the mother’s attitude of locking the children up in a room from morning till night.
“ I sent my court officials to check on the children and they confirmed they had been locked up in a room, so they waited for the mother to return but she never did and I gave them order to break the door around 10:09 pm and keep the children with the village head till morning.
“So I ordered for her arrest for neglecting the children from morning till night, when asked why she was not in court she told court that one Imam Kahamis Al-misry had told her not come to court and adviced her to take the matter to the police”, he said.
The judge said he later gave an order that the accused mother or sisters should temporary keep the children under the condition that he bring them to court on the next sitting because the complainant had been threatening to collect the children from the village head.
Judge Bamalli stated that the complainant later made a petition against him saying he had ordered her arrest and did nothing to her husband whom she accused of defiling their children.
He noted that a test result of one of the daughters who is 8years-old from Yusuf Dantsoho memorial hospital and signed by one Dr. Ayuba Patience was attached with the petition.
He explained that the result read as thus” on examination, there is no vagina laceration, no bruises, no tenderness,hymen perforated.
“ There is no anal laceration, no bruises, no tenderness, anal tone is fair, RVS,HBSAg,HCV which are all negative “.
The judge commended the governor for intervening into the matter in order to know the truth adding that the government prayers for custody would be discussed.
Meanwhile, a traditional leader in Rigasa,Muhammad Kabir-Yahya, said they were happy with the commissioner’s visit as it had given them opportunity to hear the court’s side of the story,urging members of the public to stay calm and see how the court would treat the matter.