A 30-year-old man, Umar Mohammed Kandahar has been sentenced to death by stoning by a Bauchi State Upper Sharia Court for impregnating his younger sister. However, Umar has appealed the judgement at the Bauchi State Shariah Court of Appeal and filed fresh bail application at the Bauchi State High Court.
Court records made available to newsmen yesterday in Bauchi showed that Umar was arraigned before Upper Sharia Court, Unguwar Jaki by the Bauchi State Shariah Commission, where he was accused of impregnating his younger sister.
Counsel to the Shariah Commission, Mr Dayyabu Ayuba told the court that the suspect, who was married with three wives forcibly had carnal knowledge of his sister, who was taken to his house by their father to take her to school.
Ayuba said instead of taking her to school, Umar had sexual intercourse with her when she was 16 years old and she became pregnant. The offence was contrary to Section 136(1) of the Bauchi State Penal Code Law 2001, Ayuba said.
When asked by the presiding Shariah Court judge, the accused pleaded guilty but denied that he forced her to have sexual intercourse . He said it was consensual as she accepted to have sex with him.
After listening to the testimonies, the Shariah Court Judge, Musa Barde sentenced Umar to death by stoning. 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.