Tasiu Rabiu V. Aishatu Amadu (2002)

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T. MUHAMMAD, J.C.A.

The respondent herein, was the plaintiff at the Area Court No.3, Katsina, Katsina State. The appellant was the defendant. The claim of the plaintiff before the trial court reads as follows:-

“I Aisha, I am suing my husband Tasiu because since I delivered he did not do any thing to me and he also removed my properties and claiming that the child I gave birth to is not his own. So I want to know my stand that was the reason I sue him to court. I also want him to pay me back what I spent when I delivered along with my properties he removed. We got married in the Islamic month of Zul-Hajj. Moreover, he had received his properties that he brought to me for the marriage but all my belongings which I took to my house he removed half of them. Also, I spent only two months in his house he divorced me, therefore I delivered 4 months ago now I spent 2 months in his house while I spent 2 months in my parents house totalled 4 months.”

The trial court wanted to know from the plaintiff how many months did she spend before she delivered her baby. The plaintiff replied:-

“I spent 8 months from the time the marriage was contracted to the time I delivered.”

The trial court then asked the defendant whether the allegation made against him was true?. The defendant, in a long story, which I may have recourse to quote in extenso, at the appropriate time, denied the allegation in its totality. In categoric terms, the court asked the defendant:-

“Is the child delivered belong to you?”

The defendant replied:-

“It is not my own because I never have sexual intercourse with her.”

The trial court summoned plaintiff’s mother and took her statement.

The plaintiff later produced one witness to confirm to the court the actual date of her delivery. The defendant did not like to bring any witness to confirm the date of plaintiff’s delivery. After having considered the statements made by the parties and that of the single witness, the trial court Judge delivered his judgment wherein he gave paternity of the baby born by the plaintiff to the defendant.

Dissatisfied with the trial court’s judgment, the defendant filed an appeal before the Upper Area Court 1, Katsina (hereinafter referred to as “UAC”). The grounds of appeal stated by the appellant before that court were couched as follows:-

“My grounds of appeal are that I stated my reasons that the pregnancy is not my own, because Doctors at the Hospital knew that she was pregnant and even her parents wanted me to have the pregnancy aborted but I refused. She also mentioned the people who pregnated her and also I never have sexual intercourse with her and I was not asked to produce any witness while Aisha brought her witnesses those witnessed the wedding Fatiha not the date she delivered it was only (sic) her mother we were asked to performed (sic) ablution in order to undertake oath but none of us undertook the oath, the Judge went ahead and passed his judgment where he confirmed the ownership of the pregnancy to me whereby as I see it Islamically as not belong to me.”

After reviewing the record of the trial court, the UAC Judge allowed the appellant to call his witnesses which he claimed the trial court did not afford him to do. At the end of hearing the appeal, the UAC Judge affirmed the decision of the trial court.