The prosecutor said that the offence contravened the provisions of Sections 142, 148, 168 and 370 of Kano State Sharia Penal Code Law, 2000.
An Upper Shari'a Court in Kano, on Monday, sentenced a 38-year-old man, Shafi'u Abubakar, to death by hanging and 150 strokes of the cane for setting a mosque on fire and killing 23 people.
Mr Abubakar, who lives in the Gezawa Local Government Area of Kano, is charged with culpable homicide, attempted murder, causing grievous hurt and mischief by fire.
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Delivering judgment, Halhalatu Khuza'i-Zakariyya held that out of the seven witnesses presented by the prosecution, only the testimonies of two witnesses proved the case beyond a reasonable doubt.
He said that the testimonies of Pw1, Pw2, Pw3, Pw5, and Pw6 were mere stories. He noted that they were not present when the incident occurred; they only heard about it, and some only saw the fire in the mosque.
"The court admits the testimony of Pw4, Ibrahim Salisu. He earlier told the court that he did not see the defendant setting the mosque on fire, but saw him running. I hereby admit this as circumstantial evidence," he said.
Mr Khuza'i-Zakariyya also accepted the testimony of Pw7, Abdullahi Sa'idu, a police officer, for presenting the defendant's confessional statement.
"The burns on the defendant's hand also indicate he committed the offence. I hereby find the defendant guilty on all four counts," he said.
The judge sentenced the defendant to death by hanging for murder and 100 strokes of the cane for attempted murder.
He also ordered the defendant to pay a fine of N1,500 for causing grievous hurt and 50 strokes of the cane for mischief by fire.
Mr Khuza'i-Zakariyya also ordered the state government to collect the defendant's tricycle and sell it to repair the said burnt mosque.
"The defendant has 30 days to appeal the judgement," he said.
Earlier, the prosecution counsel and the Director of Public Prosecution (DPP) of the Kano State Ministry of Justice, Salisu Tahir, said the defendant committed the offence at Gadan Larabar Abasawa Village, Gezawa Local Government Area of Kano, on 15 May 2024.
He said on the same date, the defendant went to a mosque in Gadan Larabar Abasawa Village, poured petrol and lit a fire while the 23 victims were praying at about 5:05 to 5:20 a.m.
Mr Tahir said that at about 5:15 a.m., the defendant attempted to kill Shu'aibu Ibrahim and Ibrahim Sani, when he poured petrol and lighted a fire around them.
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"The victims were rushed to Murtala Muhammad Specialist Hospital, Kano, and 23 people later died."
Mr Tahir presented seven prosecution witnesses and also tendered the defendant's confessional statement in English and Hausa languages, and pictures of the victims as exhibits. The prosecutor said that the offence contravened the provisions of Sections 142, 148, 168 and 370 of Kano State Sharia Penal Code Law, 2000.
The defendant, however, pleaded guilty to all the charges.
Responding, the defence counsel, Hasiya Muhammad-Imam, pleaded for leniency on behalf of Mr Abubakar and urged the court to transfer him to the Maximum Security Custodial Centre Janguza.
(NAN)
