Upper Sharia court in Bauchi 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.
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