Vanguard 

Sharia: 25-Yr-Old Man to Die for Raping 76-Yr-Old Woman to Death

June 24, 2002

(Lagos) - A HIGH court in Jigawa State has sentenced a 25-year-old man to death for raping a 76-year-old woman to death, while a Sharia court in Bauchi has ordered the amputation of the right hand of a man for stealing domestic items estimated at N19,800.00.

 Also, a Sharia court in Bauchi State has sentenced a 35-year-old man to death by stoning after admitting making love 13 times to his friend's wife.

 Yunusa Rafin Chiyawa, father of two was sentenced to death by stoning after confessing that he made love to his friend's wife in Ningi Local Government Area of Bauchi State. The convict admitted smuggling a four-month-old pregnant house wife, Aisha Haruna, 25, of Rafin Chiyawa village in Ningi Local Government to Alkaleri in Alkaleri Local Government, where he had marathon sex with her.

 In spite of several adjournments by the court to enable the convict make a rethink, Yunusa repeatedly insisted that he committed the offence.

 Aisha, however, escaped the punishment of stoning, after swearing with the Holy Qur'an that she was hypnotised by Yunusa throughout her stay with him in Alkaleri.

 Earlier, the prosecuting police officer, Police Constable Idris Usman, told the court that Yunusa was arrested by the police at Dogon Ruwa village following a complaint by Aisha's husband, Haruna Abdullahi. Abdullahi accused Yunusa, his friend, of allegedly causing the disappearance of his wife from her matrimonial home to an unknown destination for 14 days.

 Idris told the Sharia court that Yunusa was accused of illegal trespass into his friend's house, criminal breach of trust as well as luring another man's wife to commit illicit sex.

 When the charges were read to Yunusa, he pleaded guilty and confessed to making love to Aisha 13 consecutive times and not 14 times as claimed by Aisha, adding that he had been longing to have her in bed.

 "I did it because I love her," Yunusa told the court.

 In his judgement, the presiding judge, Mohammed Sani Bal, said the court needed no further witness since the convict pleaded guilty and, therefore, sentenced him to death by stoning.

 In an interview shortly after the judgement, Bal said that he had explained to Yunusa to be mindful of his confessions and gave him several opportunities to change his mind, but to no avail.

 "The court gave him enough time to understand what he was doing and to see if he was drunk or on drugs but all to no avail," the presiding judge explained.

 He said that Section 143 of the Sharia Penal Code of Bauchi State clearly stated that when a person confessed to an offence, even if it was once, he should be punished.

 According to the Sharia judge, Section 453 of the state Penal Code states that "whoever agrees to have committed adultery should be punished accordingly, while Section 379 of Fathul-jawadu says that such a person should be stoned to death in public."

 On how Aisha narrowly escaped the punishment of death by stoning, the judge explained that Sharia does not punish anybody within three categories, which are temporary madness, madness and underage, below 18 years.

 "In the case of Aisha, she falls within one of these exceptions, since she swore by the Holy Qur'an to have been hypnotised by Yunusa," the judge added.

 Meanwhile, Aisha's husband, Abdullahi, has taken the matter to fate by agreeing to take back his pregnant wife.

 Yunusa, a farmer, has 30 days to appeal against the judgement.

 lMan to hang for raping

 A high court in Hadejia, Jigawa State also, sentenced a 25-year-old Haruna Danbaba to death by hanging for raping of a 76-year-old woman in Baturiya village of Kirikasamma Local Government Area, to death contrary to Section 221 (A) of the Panel Code.

 The convict, who was dragged before the court by the police, was accused of raping the old woman and the action resulted in the sustenance of injuries and her subsequent death.

 Prosecution police officer, Salisu Abdu informed the court that in February, 2000, the convict broke into the old woman's house in Baturiya village and forced himself on her, a situation which left the deceased motionless and unable to free herself from the attacks.

 The police further stated that neighbours rescued the victim from the incessant assaults when her granddaughter, who was terrified at the sight of what she had seen, raised an alarm, which attracted neighbours' attention and they caught him in the act.

 In his submission, Danbaba denied the charges but admitted having sex with the old woman, maintaining that he entered the house with the consent of the deceased, who invited him to her house for fun-making.

 Defence counsel to the accused urged the court to be lenient on the accused person because of his age and that the prosecution evidence did not prove the accused guilty of the murder charge against him.

 The presiding judge, Tijjani Abdullahi, however, said he was convinced beyond reasonable doubt that the accused committed the offence, based on his admission and prosecutor's evidences which provided sufficient ground to convict the accused.

 Abdullahi convicted the accused and sentenced him to death by hanging and gave the accused three months to appeal against the judgement.

 lSharia court orders amputation

 Meanwhile, a sharia court in Bauchi has ordered the amputation of the right hand of a 20-year-old man, Abdulhamid Mohammed, for stealing domestic items worth N19,800.00.

 The judgement brings to five the number of convicted persons awaiting amputation in the state.

 Abdulhamid was arraigned before the Sharia Court II at Tasha-Babaye in the state capital, on charges of illegal entry into the house of one Waziri Unguan-Doya, where he allegedly carted away household items worth over N19,000.00.

 The prosecuting police officer, Corporal Saleh Garba, who presented two witnesses against the accused, said the offence contravened Sections 186, 150, and 175 of the state sharia Penal Code.

 Abdulhamid pleaded guilty and said he committed the offence voluntarily, and that he was neither on drugs nor alcohol, but rather to satisfy some of his needs.

 He, however, prayed for leniency, adding that he was not well lettered to look for a job.

 Delivering judgement on the case, the presiding judge of the court, Alhaji Hashim Abdubaki, said, from the evidence before him, the accused had committed an offence by breaking into a house that did not belong to him, where he carted away electronics, shoes and clothes.

 Abdubaki said that the court was satisfied with the witnesses' testimony and ruled that the right hand of Abdulhamid be amputated as provided for by the Holy Quran, Sharia Penal Code of the state as well as Section 172 of Muwalda-Malik.

 Four other convicts were recently sent to Gov. Ahmadu Mu'azu for assent before their hands could be amputated.