has sentenced a 30-year-old
man, Umar Mohammed
Kandahar to death by stoning,
for impregnating his younger
sister.
The court records, made
available to journalists on
Wednesday in Bauchi , showed
that Umar was arraigned
before Upper Sharia Court
Unguwar Jaki, by the Bauchi
State Shari’ah Commission,
where he was accused of
impregnating his younger
sister from the same father.
Counsel to the Shariah
Commission, Barrister Dayyabu
Ayuba, told the court that the
suspect is married with three
wives, but forcefully had sex
with his younger sister.
According to Ayuba, the
younger sister was brought to
his house by their father to
help take her to school, but
instead, he forced her and had
sexual intercourse with her,
when she was 16 years old.
The act resulted in pregnancy
and she has already delivered
a baby, contrary to section
136(1) of the Bauchi State
Penal code law 2001.
When asked by the presiding
Shariah court judge, the
accused pleaded guilty, but
disagreed that he forced her to
have sexual intercourse;
instead he maintained that she
accepted to have a sex with
him. The Shariah Court Judge,
Musa Barde sentenced him to
death by stoning.
Meanwhile, the accused, has
filed an appeal against the
judgment before the Bauchi
State Sharia Court of Appeal,
arguing that he did not agree
with the judgment.
Counsel to Umar, Barrister
Sadiq Abubakar on Wednesday,
filed a motion before Bauchi
State High court number
seven, asking for the bail of
the accused, pending the
determination of his appeal by
the Sharia Court of appeal.
He told the court that the
accused family suffered
because of his detention since
2011 and asked the court to
release him on bail, to ease
the sufferings of his family.
The Presiding Judge, Justice
Aliyu Baba Usman, has fixed
Monday, November 25, 2013,
for mentioning of the appeal.
