The Hon Grand Khadi Sharia court of appeal in Adamawa State, Hon Khadi Usman Aliyu Girei has described collection of 10% charges to superintend distribution of estate among heirs of a dead person as illegal noting that the practice is alien to the provisions of the law.
Girei who made the clarification during prayer and admonishment session for newly appointed magistrates of Adamawa State judiciary and all stakeholders in the dispensation of justice, organized by Muslim Lawyers’ Association of Nigeria (MULAN) on Sunday in Yola, said, even payment of filing fees for such cases is illegal.
It has become a tradition by judges in Adamawa State to deduct 10 percent on any estate they share among families of dead persons.
The Grand Khadi who was represented at the occasion by Khadi Zubairu Modibbo of Sharia court of appeal, urged the newly appointed magistrates in the state to shun corruption and any act capable of bringing disrepute to the noble profession.
He called on the new magistrates to conduct their affairs with finesse, panache and integrity noting that they need to safeguard their personal integrity, the sanctity of the temple of justice, should dispense justice without fear or favour and ensure justice for all irrespective of social status and other primordial affiliations.
Modibbo also called on them to remain loyal to their oaths of office as one day they will come under Allah’s scrutiny over the trust bestowed on them while on earth.
Supporting his facts with relevant quotations from the holy Quran and traditions of prophet Muhammad (SAW), the Grand Khadi urged the magistrates to serve justice even if it is against themselves and their parents as that is the only way to guard against Allah’s wrath and anger.
He also charged the judges to strive for more knowledge as their job is knowledge driven and called on them to couple knowledge with fairness for the good of all.
Modibbo urged them to be dynamic while on the job noting that some issues require wisdom and tact to be addressed just as he urged them to shun temptations as it is a sure path to self destruction.
He urged them to imbibe honesty, patience, and expand their knowledge horizon, noting that any judge who passed judgements in ignorance and anyone who is unjust will go to hell fire on the day of judgement.
In his opening remark, Adamawa State chairman of MULAN, Ibrahim Mustapha, said, the occasion marked the beginning of an epoch in the annals of the association as it marked the first time such activity is being held.
He noted that for the first time in the history of the state, there was massive appointment of magistrates as such his organization deemed it fit to organize the session in order to sensitize the new magistrates about the rudiments and nuances of carrying out such a daunting responsibility in compliance with Islamic religious teachings.
Mustapha called on all Muslims to support the organization to carry out its functions effectively as it is facing serious constraints of resources just as he urged members to pay heir checkup dues as and when due.
Also speaking, the chairman of the session, Alhaji Yakubu Sambo told the newly appointed magistrates that one day they will leave those offices either as a result of retirement or death.
He noted that being a judge difficult and tasking but noted that what drives the job to a robust success is fairness, equity, conscientiousness and the fear of Allah.
Sambo urged the judges to strive for more knowledge adding that any judge who passed judgements without knowledge and those who embraced corrupt attitude will go to hell fire on the day of judgement.
He urged them to shun discrimination, corruption, nepotism and selfishness while discharging their duties.
Sambo also called on MULAN to ensure that the panel of Sharia court of appeals have been restored noting that for over five years no such panels were constituted making a number of cases going to appeal courts to suffer neglect.
Also delivering his lecture, an Islamic scholar, Shiekh Abubakar Muktar urged the magistrates not to compromise justice on the alter of personal, or primordial interest noting that no community can progress when the wheel of justice is clogged.
He said political leadership and judicial leadership go hand in hand adding that the role judges and political leaders play is complimentary in nature adding that all must ensure the enthronement of fair play, justice and equity among the populace.
Mukhtar noted that the first judge in the history of Islam was prophet Muhammad (SAW) noting that the prophet has served as both the political and judicial leader of his people adding that one cardinal attribute that made the prophet unique was his ability to dispense justice even to non Muslims making him to be highly revered even by the non Muslims.
He noted that in Islam, a person must fulfil five major requirements before he can be appointed as a judge.
According to him the requirements include being an adult, sound mental health, intelligence, should not have any physical impairment, and should be morally upright.
