The Kaduna State High Court of Justice, Appeal Session 1, sitting in Zaria, has ordered the counsel to Alhaji Sani Sha’aban to pay N100,000 to Umar Faruk’s counsel as compensation for delays and inconveniences caused during the appeal proceedings.
The court criticized the compiled record of proceedings submitted by Sha’aban’s counsel, stating it was improperly prepared and instructed him to rectify the errors before the next appeal session scheduled for July 2025.
Presiding Judges, Justice Bilkisu Muhammad and Justice D. Daka, cautioned the appellant’s counsel, Usman Gambo, against further delays, emphasizing the need to correct the documentation and record of proceedings.
In the debt appeal between Umar Faruk and Sani Sha’aban, the judges noted that the translated record from Hausa to English—representing the previous Upper Sharia Court judgment from February 12, 2024—was inaccurate and uncertified. The judgment had ordered Sha’aban to pay a debt of $709,238 and ₦11.2 million.
Abdullahi Yahaya, counsel to the respondent, described the improperly certified record as a breach of court procedure and a possible attempt to frustrate the appeal process. His request for compensation was granted by the court.
The case, initially transferred from Zaria to Kafanchan due to a backlog of cases and issues with the notice of appeal, was returned to Zaria on March 10, 2025, after a jurisdiction review.
Yahaya expressed frustration over the repeated delays, stating, “They are the ones who appealed but they are the ones who don’t want their appeal heard. This is the third time this appeal is being adjourned for hearing… It’s frustrating because my colleague knows what to do but intentionally isn’t doing it. Now my client’s money is tied up until July.”
Responding to the court’s ruling, appellant’s counsel, Usman Gambo, acknowledged the directive and promised to address the identified errors. He explained the complications around the translation of court records, which led to disputes over certification by the lower court.
“We know there were translation errors. We made another translation, but the lower court refused to certify it. We were faced with a dilemma—either accept the respondent’s application with the wrong translation or submit ours without certification,” Gambo said.
The case is now scheduled to resume at the Zaria Appeal Session in July 2025, with the court expecting all corrections to be completed before the next hearing.
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