When the case came up for hearing on Tuesday, Shehu-Usman told the court that he was served with a counter affidavit by the respondents and needs to reply.
He urged the court to grant an order for stay of proceedings at the Upper Shari’a Court where the applicant is standing trial for alleged blasphemy.
“My client has been in prison for over one year without bail and without a stay of proceedings, the applicant will not have a fair hearing,” he said.
Shehu-Usman told the court that the respondents frustrated him by serving their counter affidavit in court on Tuesday.
He therefore, withdrew his client’s application because there is no chance for further and better reply on counter affidavit.
Counsel to the respondents, Dahuru Muhammad, did not oppose application for withdrawal.
“My Lord this is the second fundamental rights suit filed by the applicant, they should not file another one.
“The applicant is wasting our time and we are asking for N200,000 cost,” he argued.
In his ruling, Justice Abdullahi Liman, did not grant the applicant’s prayer to stay proceedings and also did not dismiss the suit.
“The judge of the Shari’a Court has to be joined as a necessary party in the suit, because once a party approaches a court, his or her right must not be violated,” he held.
Liman adjourned the matter until July 27 for hearing.
The applicant in his prayer is challenging the proceedings of the Upper Shari’a Court.
NAN reports that the applicant is standing trial before a Kano Upper Shari’a Court for alleged blasphemy.
The Kano State Government charged Kabara on a four counts bordering on blasphemous comments against Prophet Muhammad (PBUH) on Aug.10, Oct. 25 and Dec. 20, 2019.(NAN)