24/05/2022
SAMUEL DEBORAH, A STATE MURDER IN NIGERIA?
1. A society is not lawless because it has no law. A society is lawless because it lacked the capacity to enforce its own laws. No society is without law. Law is the base upon which a society is founded. However, when and where there is no order, such place or time is said to be lawless where anything can happen and nothing will happen. The last point is that for this to be the case, the state would have first been complacent with this position.
2. Nigeria has become a book I read in my school days: One Week, One Trouble. It is impossible for a week to pass without one big trouble to form the topic of discussion. Nigeria has thus gifted a very barbaric and cruel topic this time, just like always, nothing will happen.
3. Ms. Yakubu Deborah, a student of Sokoto State owned School was murdered by her course mates. That is the same people she had sat under the same roof with in search of higher insight called education. Her offense was that she resisted the practice of turning a platform meant for dissemination of academic information into religious propagandistic. They killed her and sang the praises of their crime on broad day light and on to the screen of the recording tape.
4. This is not the first time this was happening in Nigeria and it is not going to be the last time it would happen. Until the state wishes to stop it, it won’t stop. But until then, let’s see if there is a law in place that could be use to stop it.
5. Practically speaking, there is a law that could be enforced to stop all prevailing crimes in Nigeria. A murder which is in all fours with that of Deborah had happened on the 14th day of July 1999. A young man called Abdullahi Alhaji Umaru was killed by people of his age for insulting the Prophet (SAW). He was led out of the village and slaughtered like a goat.
6. This incident founded a legal battle that was led to rest by the Supreme Court of Nigeria on the 15th day of February, 2008. See the case of KAZA V. STATE (2008)7 NWLR (PT.1085) 125
7. This matter was determined by a five-man Supreme Court Panel that consisted of the Current Honorable Chief Justice of Nigeria. They were Sunday Akinola Akintan JSC; Walter Samuel Nkanu Onnoghen JSC; Ibrahim Tanko Muhammad JSC; Christopher M JSC; Chukwuma-Eneh, JSC (he delivered the leading judgment).
8. In that case, the court held thus:
a. On Punishment for insult against Holy Prophet Mohammed under Sharia-
“Under Sharia, any sane and adult Muslim who insults, defames or utters words or does acts which are capable of bringing into disrepute, odium or contempt the person of the Holy Prophet Muhammad (S.A.W.), such a person has committed a serious crime which is punishable by death. However, Islamic law has not left the killing open in the hands of private individuals. The offence alleged has to be established through evidence before a court of law. The court itself will have to implore its professional dexterity in treating the case by allowing fair hearing and excluding all the inadmissible evidence or those persons who may fall within the general exemption clause such as an infant, imbecile or those who suffer mental delusion. The law would have set a dangerous precedence if individuals were authorized to take the law into their hands as the appellant and others did in the instant case.” (P.199, paras. A-D, H)
b. On Sanctity and dignity of human life under Islamic law –
“Sharia guarantees and values the sanctity and dignity of human life. That is why it outlaws unlawful killing of human life.” (Pp.199-200, paras. H-A)
c. On Three things illegal to a Muslim –
Three things have been made illegal to a Muslim, viz:
to spill the blood of another or deprive him of(a)his life;
(b)to deprive him of his property; and
(c)to deprive him of his honour or integrity.
“I cannot see how these kinds of people shall have any respite by the law. What is good for the goose is good for the gander. Life is precious to all and sundry. He who kills by the sword shall die by the sword. I have no sympathy for the banishment of such busy bodies who respect no human life due to their high degree of misapprehension of the law or, should I say, complete ignorance of the law. The appellant failed to convince me through his explanations. But he is free to make further and better explanations to the hangman, though belatedly it may be.”
d. On Whether Islamic criminal law allows for jungle justice –
“Sharia is a stable jurisprudence built on the tenets of fair hearing. An accused person cannot, in principle, be convicted without being heard. And what is more, a hearing must be before a judicially recognized adjudicatory body, not a collective body of local persons out to do jungle justice, a kangaroo court.” (P.181, para. E)
e. On Whether Islamic criminal law allows for jungle justice –
Islamic religion is not a primitive religion that allows its adherents to take the law into their hands and to commit jungle justice. Instead, there is a judicial system in Islam which hears and determines cases including the trial of criminal offences and anybody accused of committing an offence against the religion or against a fellow Muslim brother should be taken to the court (either a Sharia or a secular [common law court]) for adjudication. It is only when a person is convicted and sentenced by a court of law that he will be liable to a punishment which will be carried out by an appropriate authority (i.e. the prison) Although it is true that there is the provision in “Risala” which prescribes the punishment of death on any Muslim who insults the Holy Prophet such punishment can only be imposed by the appropriate authority (i.e. the court) rather than by any member of the society whether a Muslim or otherwise. (P. 196, paras. B-E)
9. If you took your time to read the above decision by the Nigerian Supreme court which constitution included the incumbent CJN, you would be able to decipher, though minute, but very vital Islamic principles. These points are the following. Firstly, there is nowhere in the Holy Quran where it provides for the killing of one who speaks ill against the Islamic Prophet (SAW). To be very clear, I have read the English version of the Islamic highest book from A-Z. The size of this book could easily equate the size of the Biblical New Testament. That is not much, since I have read the whole Holy Bible four times. There are many noble provisions of the Holy Quran that I hope were even versed in the Bible. Secondly, it is true that there is an Islamic provision that anyone who speaks ill against the Islamic Prophet (SAW) should be killed. This provision is contained in an Islamic book called the Al-Risala. This is not the Quran. It could best be accorded relevance under Sharia. This is because under sharia, it is one of the most authoritative books on Islamic Jurisprudence. However, this provision is not unqualified. The only people that are affected by this provision are the Muslims. Therefore, before one could be held liable under this provision, it must be established that such person is a) a Muslim, b) an adult, c) sane. These qualifications are contemporaneous. This implies that all the three elements must be established because one could be meted the punishment of killing, which according the case cited above, you already know how it should be done.
10. You may also read up the earlier case of SHALLA v. STATE (2007) LPELR-3034(SC). The lead judgment was delivered by the current CJN. The Court went further in that case to say that the people who go about jungle killing the people in the name of Islam are the ones who are offending Islam. This is because such action will make the world see Islam as a religion of rascals, killers.
11. From the forgoing, one can say, without fear or favor that there is established Nigerian precedents that what has happened to Ms. Deborah is not just offensive to Nigerian laws but Sharia laws. There is no justification however. This is just a case of terrorist operating in a broad daylight.
12. If the government of Sokoto state fails to prosecute these known murderers, one may be forced to ask the question if that was a State murder.
OGBAGA OGBA IMMANUEL
FOUNDING PARTNER,
GIMBG LEGALS
ABUJA.
