THERE are strong indications that the police may not prosecute super polygamist Mallam Bello Masaba.
Reason: The Niger State police command, which conducted a search in his house, said it did not find anything incriminating in the residence of the man with 86 wives.
The State Deputy Commissioner of police, Mr. John Olayemi who led the police team that arrested the Islamic cleric in Bida in the wee hours of Monday, September 15, exonerated the octogenarian of harboring anything incriminating.
“We found nothing incriminating in his house. There was no knife, no pistol or skull in his house, when we invited him to the headquarters for a chat,” Olayemi declared.
But when asked why the Police went ahead to arrest the octogenarian, Olayemi explained that the command only acted on an instrument of Upper Sharia Court directing the Police to investigate the embattled Polygamist for committing offence against sections 210, 383 386 of the Penal code.
“The Police only carried out a court order. We had a court instrument, ordering the Police to investigate the man. He was alleged to have committed offences against sections 210, 383 and 386 of the penal code. His case was a religious one and not with the Police and it is in the Shariah Court,” the Police boss explained.
Meanwhile, the embattled octogenarian polygamist has filed another suit at the Federal High Court, Minna seeking an order for his release on bail pending the hearing of the suit before the Minna Upper Sharia Court.
Joined in the suit no FHC/MN/CS/27/08, which motion had been fixed for Friday October 3, this year are the Niger State Government, the Commissioner of Police, Niger State Sharia Commission and Comptroller of Prisons, Minna.
Masaba was ordered to be in prison remand until October 6, this year by the Minna Upper Sharia Court last week Monday on a three count-charge of inciting/insulting contempt of religious creed; he was also accused of instituting unlawful marriage and marriage ceremony without lawful marriage.
He was also accused of unlawfully marrying one Alhaja Fausat Bello Masaba and 85 others and keeping them in his house unlawfully. These charges were in contravention of Sections 210, 383 and 386 of the Penal Code.
In another development, the state Attorney-General and Commissioner for Justice, Mr. Adamu Usman has refuted a newspaper report (not The Guardian) that an Abuja high court has freed the embattled polygamist.
In a statement signed by the Commissioner in Minna yesterday, the Attorney- General stated that the Federal High Court in Abuja on Thursday ordered that the applicant (Masaba) be produced before the court on October 27 when the matter will come up for hearing.
He added that the court then ordered that a notice to that effect be issued to the Comptroller of Prisons, Minna where Masaba is being detained on the order of Minna Upper Sharia Court.