Home JUDICIARY Appeal Court Substitutes Death Sentence By Stoning To Eleven Years Imprisonment

Appeal Court Substitutes Death Sentence By Stoning To Eleven Years Imprisonment

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The Kano State State High Court, Appeal Section has substituted a death sentence by stoning, to eleven years in correctional centre, against the Appellant, Mati Abdu.

In the Judgement, the Panel of Justices Rabiu Sadik and Maryam Sabo also ordered the Appellant to pay the sum of N50,000 dowry to the victim.

Justice Watch News, ealier reports that Mati Audu a resident of Farsa Village in Tsanyawa LGA, was found guilty by Kano State Upper Shari’ah Court, Kofar Kudu, for commiting rape and gross indecency against 12 year old girl ( name withheld).

Justice Watch News, similarly reports that the the Trial Judge, Ibrahim Sarki Yola sentenced the Appellant to death by stoning on 12th August,2020.

Mati Abdu convicted after admitting the 2 count charges, under section 127 and 187 of the Kano State Shari’ah Penal Code 2000, against him.

The Appellant, dissatisfying with the judgement of lower court, he approached the Appeal Section, through his counsel, Barrister Bashir Dauda Utai, and seek for justice.

Barrister Utai filed 3 grounds notice of appeal arguing that the Trial Judge erred in law for convicting his client to death by stoning

He argued that the fundamental Rights to fair hearing of his client has been violated by sentenced him to death without afforded him right of legal representation to stand for him, considering the nature of the charge against him

The Counsel also argued that the Trial Judge erred in law when he convicted and accordingly sentenced the Appellant to death, solely on the plea of guilty.

According to the counsel the Trial Judge similarly erred in law when he presumed that Appellant  is married, thereby sentenced him to death by stoning.

Delivering the Judgement, Justice Maryam Sabo on behalf of the Panel said the record of the lower court revealed that the Appellant pleaded guilty to his offence of Adultery.

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” We found out that the the Appellant pleaded guilty to his offence of Adultery and the Trial Judge in many times asked him if he wish to retract his confession but maintained that he did it.

” In Islamic Shari’ah, when a Muslim, Matured, Free Man, sound minded Person confessed to a crime there is no need of any witness. Confession alone can warrant to convictions.” Justice Maryam said.

Stated on the issue of fair hearing, she said the lower court has given the Appellant enough time to retract his confession but failed to oblige and continued to maintain his plea as guilty.

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The Panel also upheld that the lower court erred in law by convicting and accordingly sentenced Mati Audu to death by stoning when it considered him to be Married at the time he committed the offense.

” Throughout the record of  proceedings, we haven’t found where the Appellant said he was married at the time he committed the offense. He did not inform the court that he was married, the charge sheet brought to court never indicated that he was married.

” There was no any attempt by Trial Judge to find out if the Appellant is married man.” Justice Sabo further maintained.

She upheld that the lower court erred in Law when it assumed that the Appellant is Married

” It is miscarriage of justice when court convicts person based on assumption or personnel knowledge”.

She therefore, upheld that the judgement delivered by Ibrahim Sarki Yola, Upper Shari’ah Court Judge, Kofar Kudu, cannot stand, affirming that he convicted and sentenced the Appellant on assumption and personnel knowledge.

The Panel consquently, substituted the death sentence against the Appellant to 11 years in correctional Centre.

Also Read:Alleged Killing of Co-wife, Court to Hear Witnesses at Scene of Crime

She also ordered that terms of the correction be commence from the time the appellant was first arrested in 2016.

The 2 Panel of Justices including Justice Rabiu Sadik and Justice Maryam Sabo  similarly ordered  the Appellant to pay the sum of N50,000 dowry to the victim.

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