Tashikalmah Hallah
25 September 2003
Bauchi — A forty-three-year-old man, Jibrin Babaji has been sentenced to death by stoning, following his conviction by a Sharia court sitting in Bauchi for sodomy in contravention of section 133 of the Sharia penal code Bauchi, and chapter 11 verse 82 of the Holy Qur'an.
The judge, Mallam Sani Jibrin Darazo while delivering the judgment explained that the conviction of Mallam Babaji was sequel to his acceptance of the offence by admitting publicly to the police and the court.
The case which attracted the high turnout of spectators, also developed into a mild drama, as the convict quickly covered his face immediately the judge pronounced the death sentence although he had been shivering throughout the one hour thirty minute trial.
Testifying earlier for the prosecution, the commis-sioner of police Bauchi had told the court that the convict was arrested by the members of the Sharia enforcement team, the Hisba group, following a complaint by M. Ahmadu and Rabiu that the convict had lured some under aged children and was committing the offence with them.
The Hisba members then arrested the convict on September 14, 2003 and handed him over to the police to whom he confessed after interrogation.
The prosecution said Mallam Babaji's victims were a 13-year-old and two 10-year-olds who the convict was said to have abused more than three times each.
After listening to the prosecution witnesses and asking the convict whether what was said was the truth, which he answered in the affirmative, the judge further asked him whether he was a Muslim and he also said yes.
The judge then ruled that he was convinced that Babaji commited the offence since he accepted his guilt, and his confession was superior to any witnesses' testimony and ruled that he should be stoned to death.
Said the Judge,"since you have admitted to have committed sodomy with (names withheld) this honourable court has found you guilty of sodomy... and hereby sentences you to death by stoning as stated in Chapter 11 verse 82 of the Holy Qur'an and also section 354 of the Hadith".
As the judge made his pronouncement most of the people gathered at the Sharia court on Kobi Street chanted in unison "Allahu akhbar" (Allah is great), as policemen lead the convict out of the courtroom.
The judge sentenced the victims to six strokes of the cane each for accepting the N10 the convict had offered them, pointing out that all the convicts had a right to appeal within 30 days of the ruling
Mallam Babaji was the second man to be sentenced to death since Sharia legal system was introduced in Bauchi State two years ago. The first was a Mallam Rafin Kiyawa who was sentence to death by stoning following his conviction for eloping with a married woman in Ningi town.
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