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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