By Fatima Idris Zariya Mahmud Sani Shaaban was found guilty of breach of trust by the Shari'ah Court in Zaria, and assets we...
Mahmud Sani Shaaban was found guilty of breach of trust by the Shari'ah Court in Zaria, and assets were confiscated over debt.
The Upper Sharia Court 1 sitting at GRA Zaria Kaduna State on Monday in Zaria ordered Alhaji Sani Sha’aban to repay the loan of $709, 238 and N11.2m to Alhaji Umar Faruk Abdullahi.
Hon Sani Mahmud Shaaban was a one-time representative of the Zaria constituency now (Zaria and Sabon Gari) at the Federal legislative chamber during the presidency of President Olusegun Obasanjo.
The Presiding Judge Alhaji Is'haq Madahu while delivering his judgment ordered the confiscation of the properties of Sha’aban which was used as collateral for the loan.
Furthermore, the court ordered for the immediate search for buyers of the attached properties to liquidate the loan.
He added that in the event, the value of the attached properties exceeds the loan amount, the balance should be returned to the respondent (Sha’aban).
The court further ordered that Sha’aban should also provide a balance if the value of the properties is not up to the loan.
Nasir Sa’id counsel to the defendant however could not respond to the press as according to him,he was not briefed by his client to speak to the press on the matter.
Meanwhile, Counsel for the Plaintiff Kabir Momoh expressed satisfaction with the judgment.
Recall that a loan agreement was signed in 2018 between Alhaji Sani Mahmud Shaaban and Alhaji Umar Faruk Abdullahi to secure his release from a problem he had in Dubai UAE in the same year.
The agreement was drafted by Shaaban’s lawyer who also witnessed and his son signed on his behalf initially,and on his return to Nigeria Shaaban also counter-signed. The agreement was drafted and executed per Islamic jurisprudence and had a time of six months for redemption.
Therefore on Dec. 5, 2022 the then Kaduna Gubernatorial Aspirant under All Progressive Congress (APC) Sani Sha'aban was dragged to Upper Shari'a Court 1 Zaria, over non-repayment of $1m and N11.200m loan.
The plaintiff, Umar-Faruk Abdullahi through his counsel Usman Kuso has prayed for an order of the Court to sell the landed properties of the defendant to recover the loan.
Kuso has also prayed for an order from the court to sell other properties of Sha'aban if the collateral attached to the loan agreement failed to recover the money.
Kuso explained that in compliance with the request for the collateral and agreement by the plaintiff the defendant assigned his Lawyer Messr Isma'ila Musa Jamoh to prepare the agreement.
According to him, a property known as No.48 Yusuf Road off Hadejiya Road Bampai Kano, Kano state with conveyance of approval No.009234 was attached as collateral for the loan.
Other properties attached as collateral for the loan agreement were Land and structure known as Mazari Ltd, along the Kano -Kaduna express road with C of O KD 6246, Zaria, Kaduna state.
"Land and structure known as Tulips by MTD Junction, by Queen Elizabeth road GRA Zaria, Kaduna state.
"Also Land and structure at Circular road, GRA Zaria with C of O no. KD11226 and land and structure known as behind Sani Sha'aban's main residence opposite Therbow Schools, GRA Zaria with C of O no. 3964" he said.
Kuso further told the court that at the time the defendant Sha'aban requested the loan from the plaintiff he was in Dubai (UAE).
He added that Sha’aban then could not personally sign the agreement prepared by his counsel Ismaila Musa Jamoh.
He further explained that Sha'aban assigned his son to sign the agreement on his behalf and the money was consequently released by the plaintiff to the defendant.
He added when the defendant returned from Dubai he also personally signed a separate agreement with the plaintiff on the same loan.
He said, the main thrust of the agreement was that the money should be repaid Six months after disbursement and the money has not pay back since 2018 hence the case before this Honourable Court.
However, Kuso said the agreement also provides that the defendant will pay the Naira in Naira while Dollars would be paid back in US Dollars.
Since the agreement in 2018 the defendant has only repaid $265,762 in three instalments, as the plaintiff has waited for six years and the money was not paid back.
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