S*H*O*C*K*I*N*G!
Loads of bizarre Tales fill Zamfara Prisons.
STATE CHIEF Judge Shocked at Ignorance of Sharia Judges.
**70-year-old blind Beggar is awaiting trial for 2yrs for conspiracy and armed robbery.
**a suspect case was struck out 2yrs ago, but no one informed him.
**another suspect suppose to jail for a month, but judged misinterpret it as a year.
**translation of the sharia law in Hausa is still not helping the judges.
When Zamfara State Chief Judge, Justice Kulu Aliyu, visited prisons in the state, the deficiencies of Shariah Court judges came to the fore. Weekly Trust reports.
From the medium security prison in Gusau, to satellite prisons in Gummi, Talata Mafara and Maru local government areas of Zamfara State, the state Chief Judge, Justice Kulu Aliyu went reviewing the cases of hundreds of inmates awaiting trial. She concluded that most of the prisoners were there as a result of misapplication of laws by Shariah Court judges in the state.
During the tour, Justice Kulu listened to the prisoners as they narrated their ordeals. A 70-year-old blind man, Shehu Kura, said he was arrested by the police two years ago while begging for alms. He told the Chief Judge that the police arrested and labelled him armed robber; and for two years, he has been awaiting trial for conspiracy and armed robbery.
Moved by his case, the Chief Judge granted him amnesty for want of evidence. She also gave the blind man N5,000 transportation fare to reunite with his family.
Another inmate, Ladidi Mohammed, said she was remanded in prison for about a year by a Shariah Court judge for allegedly making defamatory remarks on the former governor of the state Alhaji Sani Ahmed. She said her case was deliberately delayed by the judge handling it, "because the judge said the state government was interested in her case, hence the deliberate delay tactics." The Chief Judge discharged and acquitted her.
Four teenagers were also left languishing in prison by a Shariah Court judge for allegedly drinking watermelon at a farm in Mada, a town in Gusau. The suspects denied committing the offence as they told the Chief Judge that they don't know where the watermelon farm was. She directed the Shariah Court Judge to thoroughly investigate the matter and report back to her.
Mohammed Lawali Yusuf, 35, was standing trial for conspiracy and armed robbery. His case was struck out two years ago over want of evidence by a Zamfara State High Court. He, however, spent two years in prison as the information was not communicated to him. The Chief Judge released him also.
Marazu Sani, 20, an 'Okada' rider based in Bakura local government area was left in the prison by Shariah Court for one year over allegation of forcefully taking his brother's motorcycle. He said what happened was that he collected the motorcycle after his brother's failure to give daily returns but that the police and Shariah Court labelled him an Okada thief.
Buhari Aliyu, also of Bakura LG, was left in prison for 61 days as against one week given to him by the Judge for stealing a handset worth about 1,000 naira. He told the Chief Judge that he stole the handset which he sold for N500 to feed his family.
The Chief Judge released him and warned not to steal again. "Don't steal again, you have the ability to work and fend for yourself. If you repeat it again, I will ensure that you are sentenced to prison," she warned him.
Hamidu Hassan was arrested over motorcycle theft, which was recovered from him the following day, yet Shariah Court judge left him in the prison. "I stole motorcycle in the night, but the following day I was arrested with it and they beat me up. In fact, they almost killed me."
After listening to Hassan, the Chief Judge turned to the Shariah Court Judge immediately with the following query: "Why are you still keeping him in prison since he has confessed? She now directed him to "go to court now and deliver judgement on his case immediately."
For stealing his uncle's sheep, Aliyu Musa Dankande was sentenced by a Shariah Court Judge to five months in prison and 50 canes. "Yes, I stole my uncle's sheep and sold it for N19, 000. When I was arrested, the police recovered N15, 000 from me. Despite that, the judge ruled that I should pay N45, 000. The judge also ordered that my farmland be sold to raise the N45, 000. It was sold as directed and at end of the day, the judge sentenced me to five months in prison and ordered that I should be given 50 strokes of cane. So far, I have spent three weeks in prison," he said.
Following the inmate's statement, the Chief Judge summoned the judge, Malam Aliyu Mohammed Madachi, who is presiding at a High Shariah Court in Faru, Maradun local government area to appear before her over the ruling.
When he appeared, she asked him why he valued a sheep which he did not see at N45,000 and whether he could pay N45,000 for a sheep ?.
In his defence, the Shariah Judge said his ruling was based on the inmate's confession.
"I did not see the sheep, but the police valued it at N60,000. Because the amount given by the police was on the high side, I asked sheep sellers around to give us an estimate and they gave us N45,000. That is why I ruled that he should pay that amount and his family paid," he said.
Responding, the Chief Judge asked the judge to always have the fear of God when administering justice. She then discharged and acquitted the inmate.
The case of Samaila Tsalha was the last case reviewed by the Chief Judge at the Talata Mafara satellite prison. She said the suspect was supposed to be sent to one month in prison based on the gravity of his offence, but that he was sent to one year in prison by the Shariah Court Judge. The Chief Judge released him and tongue lashed the Shariah Judge who handled his case for misapplication of laws.
At Maru Satellite Prison, Mohammed Lawali, who stole camel, said he has been in prison since May, this year even when what he stole was recovered from him. The Chief Judge released him, but directed that he should be flogged with horse whip 30 times.
Baguba Sajo, 20, of Talata Mafara has spent five months out of the nine months he was sentenced to prison by a Shariah Court Judge for stealing N3, 000. Aside from sentencing him to prison, the Judge directed that he should be flogged with horse whip 40 times.
The Chief Judge ordered for his immediate release and noted that the judgement was too harsh since the item he stole has been recovered.
Kabir Ladan stole handset and he was sentenced to one year in prison, but the Chief Judge said he was supposed to be only flogged with horse whipped since the stolen item has been recovered and not to be sentenced to prison.
Justice Kulu Aliyu warned judges in the state to stop making comments or taking actions capable of undermining the independence of judiciary.
She said the judges in the state must ensure probity in handling their cases as the courts is the last hope of the common man.
Reacting to the misapplication of laws by judges, the Chief Judge directed the state Grand Khadi, Malam Abubakar Lawal Gummi, to summon all the Shariah Court Judges to Gusau for training on how best to discharge their duties.
"Most of all the inmates overstaying in the prisons were as a result of the misapplication of laws and excessiveness of the Shariah Court Judges. We have translated the laws into Hausa for easy usage of the judges, but yet they are misapplying laws," she said.
- daily Trust.
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