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| A gay marriage in Africa 2009 |
The stoning began after the presiding officer at the Bauchi Area Court 4, Malam El-Yakub Aliyu, finished listening to the plaintiff and the defence lawyers, and was about to close the session.
The court had heard the submissions of the plaintiff’s counsel, Mr Dayyabu Ayuba, who objected to the bail application made by the defence counsel for one of the suspects, Ibrahim Marafa of Nasarawa quarters.
Ayuba argued that the case against Marafa was too serious to be granted bail, adding that even for his own safety, the court should refuse the application.
However, the defence lawyer, Mr Kamdi Musa, cited the 1999 Constitution as amended and the Criminal Procedure Code (CPC) to buttress his prayers, adding that Musa would not jump bail as a family man.
Aliyu, however, refused the application, saying the sections cited by Musa were only applicable if there was no provision on the issue in the Shari’a law.
He also asked if the two other suspects, Usman Sabo and Hafiz Abubakar both of Bakin Kura quarters, were represented by counsel, but they said no.
A witness in the case, Dalhatu Gambo, 35, a carpenter at Bakin Kura quarters, told the court that residents of the area were informed that the duo were practising sodomy in a private house.
During cross examination by the presiding officer, Gambo said he only heard about their involvement in the act but did not actually catch them in the act.
He said, however, that he once saw both suspects in the house with one of them improperly dressed.
The mob started stoning the suspects while they were being returned to prison custody when the court adjourned sitting on the case.
However, the police were invited to control the situation.
