Properties of ex-rep to be auctioned as Sharia court declines appeal

A Sharia court of appeal in Kaduna has ruled that a verdict directing the auctioning of Mahmood Sha’aban’s properties be sustained.

Sha’aban was a member of the house of representatives. An upper Sharia court had ruled that his properties be auctioned over inability to repay debt.

In February, the Sharia court in Zaria ruled that five properties in Kaduna and Kano be auctioned over Sha’aban’s failure to repay $709,238 and N11.2 million.

The former legislator reportedly borrowed the money from Umar Abdullahi, a businessman.

Some of the properties are land and structures around the government reserved area (GRA) in Zaria — including one behind his main residence.

However, the former Kaduna lawmaker appealed the verdict.

Sha’aban lost the appeal when the appellate court refused to entertain the case on Wednesday, holding that it does not have jurisdiction over the matter.

Speaking with reporters after the decision, Abdullahi Yahaya, counsel to the businessman, said the case was struck out.

“What the court did was to answer whether it has jurisdiction to entertain this appeal. Jurisdiction is conferred by the constitution,” he said.

“The jurisdiction of the Sharia court of appeal is limited by the constitution and it relates to Islamic law.

“The court said based on the provisions of the constitution, it does not have the jurisdiction to entertain this appeal even though the matter emanated from the upper Sharia court, but it is satisfied that the upper Sharia court has unlimited jurisdiction as it pertains to debt recovery.

“They struck out the appeal.”

Usman Gambo, counsel to the former lawmaker, said they are currently exploring other options.

“We have a lot of options and we are going to take the better one,” Gambo said.

In 2018, an agreement was signed between Sha’aban and Abdullahi after the latter helped the former lawmaker get out of a fix in the United Arab Emirates (UAE).

A total of $1 million and N11.2 million was given to Sha’aban to be repaid without interest — in line with Islamic practices.

Out of the million dollar loan, Sha’aban was able to repay only $290,762, defaulting on the six-month payment deadline.