From Noah Ebije, Kaduna
The Upper Sharia Court 1 sitting at GRA Zaria Kaduna State has ordered Hon Sani Sha’aban to repay the loan of $709, 238 and N11.2m to Alhaji Umar Faruk Abdullahi.
On December 5, 2022 the then Kaduna State gubernatorial Aspirant under All Progressive Congress (APC) Hon.Sani Sha’aban was dragged to the Shari’a Court for non repayment of the loan.
The loan agreement was signed in 2018 between Hon. Sani Mahmud Shaaban and Alhaji Umar Faruk Abdullahi to secure his release from a problem he (Shaaban) had in Dubai UAE in the same year.
The Presiding Judge, Alhaji I’shaq Madahu while delivering his judgment also ordered the confiscation of the property of Hon. 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, emphasizing 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 balance if the value of the properties is not up to the loan amount.
The Counsel to the Plaintiff, Kabir Momoh expressed satisfaction with the judgment while counsel to the defendant Nasir Sa’id said he was not briefed by his client to speak to the press on the matter.
The agreement which was drafted by Hon. Shaaban’s lawyer who also witnessed and his son signed on his behalf initially and on his return to Nigeria he Hon. Shaaban also counter signed, the agreement was written in accordance with Islamic jurisprudence and it had a time of six month for redemption.
The plaintiff, Alhaji Abdullahi through his counsel had prayed for an order of the Court to sell landed properties of the defendant to recover the balance of the loan.
He also prayed for an order of the court to sell other properties of Hon Sha’aban who was also a former member representing Zaria federal constituency in the event the collateral attached to the loan agreement failed to recover the money.
According to him, property known as No.48 Yusuf road off Hadejiya road Bampai Kano, Kano state with conveyance of approval No.009234 was attached as a collateral for the loan.
Other properties attached as collateral for the loan agreement were Land and structure known as Mazari Ltd, along 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.
The counsel also said the agreement provides that the defendant will also 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.