Court Strikes Out Abuja Mosque Imam’s Suit Accusing Senator Ali Ndume Of Attacking Him During Sermon

A Federal Capital Territory High Court sitting in Abuja Thursday has struck out the fundamental rights enforcement suit filed by Imam Ibrahim Lawal (aka Malam Usama), accusing Senator Ali Ndume and Mansur Jarkasa of mobilising thugs to brutalize him after he gave a sermon at the Apo Legislative Quarters Zone (B) Mosque in Abuja.

In the imam’s application, his wife, Shamshiyya claimed that on June 16, 2023, Ndume, who prays at the mosque, furiously left the venue because he suspected that the sermon of her husband was directed at him.

“The applicant admonished people on the importance of seeking knowledge and practising it in accordance with the holy book and authentic tradition of the holy prophet,” she said, adding that the senator later came back to the mosque to insult and harass him.

She testified as seen in the court documents of the applicant, that on Sunday, June 18, while her husband was about to lead evening prayer as the chief imam of the mosque, Ndume and Jarkasa in the company of “mobs”, allegedly collected the microphone and told him that he had been “suspended” by authorities.

“The applicant was flabbergasted by the whole incident therefore, he insisted on leading the prayers but one of the elderly members of the mosque advised him to leave the mosque and he left immediately,” she said.

Among other reliefs, the Imam’s s lawyer, Al-bashir Lawal Likko prayed the court for “a declaration that the humiliation, assault, beating, grievous bodily harm and injuries inflicted on the Applicant by mobs mobilized by the 1st and 2nd Respondents constitutes a violation of the Applicant’s right to dignity of human person guaranteed by Section 34 (1) of the 1999 Constitution of the Federal Republic of Nigeria (As amended).”

But the legal representatives of the senator, Mansur Jarkasa and Chief Superintendent of Police (CSP) Ibeh Chukwudi (first to third respondents) challenged the competence of the suit before the court.

In their counter affidavit and preliminary objection, counsel for Ndume and Jarkasa, Ben Jones Akpan urged the court to dismiss the application for being frivolous, “gold digging” and incompetent.

The court was told that the Imam was facing a criminal charge before a magistrate court, adding he could not come before the FCT High Court under the realm of a Fundamental Rights Enforcement application.

In his counter-affidavit and preliminary objection, Ndume’s lawyer told the court that the imam was suspended by the Mosque Committee for alleged misconduct bordering on poor service delivery and allowing “unauthorised persons” to sleep in the mosque.

“Contrary to the depositions of the Applicant as contained in paragraphs 9(a-i) of the affidavit, the members of the Mosque Committee pleaded with the Applicant to adhere to the suspension letter issued to him and quietly vacate the mosque.

“That the calibre of the Members of the Mosque Committee are eminent Nigerians, amongst which are a former DIG of Police (Rtd) who are versed with the nuances of the law and cannot afford to resort to self-help in resolution of any kind of dispute.

“That despite the plea for the Applicant to vacate the functions of his office, while on suspension, he still came around on the 18h June, 2023 and insisted on leading prayers, but was disallowed and in his stead, his deputy led the prayers for the day, while the Applicant was advised to leave and he eventually did.

“That after this incident, the Applicant left, but surprisingly invited some unknown faces, thugs/ bandits under the guise of visitors from Katsina state who came armed with Matchets, knives and other dangerous weapons and invaded the premises of the Mosque and assaulted worshippers,” he contended.

In his judgement on Thursday, Justice M. Muazu agreed with the preliminary objection of the first and second defendants which challenged the jurisdiction of the court to determine the case.

The court held that based on the rule of the court, the applicant ought not to have filed a fundamental rights application when there was a subsisting matter against him at a magistrate court.

Justice Muazu held that whereas the Imam’s application had elements of a violation of fundamental rights, he agrees with the respondents that there are elements of crime allegations against him.

“This matter is hereby struck out for not being competent,” the judge held.