Alkassim Backs Bauchi Chief Judge, Says Nigerian Laws Recognise Witchcraft

From Paul Orude Bauchi

A Bauchi based legal practitioner, Barrister Alkassim Mohammed, has argued that the Nigeria law recognizes the existence witchcraft.

Alkassim was responding to reactions that followed recent pronouncement by the Chief Judge (CJ) of Bauchi State, Justice Rabi Talatu Umar bemoaning the rising cases of witchcraft in the state.

Describing the adjudication of witchcraft cases as a persistent challenge to legal jurisprudence in the state, the CJ noted: “If you are not a witch, you cannot identify one”

Umar then went further to say that witchcraft is “an issue that is difficult to prove unless the accused confesses”

Reacting to the CJ’s pronouncement, the Advocacy for Alleged Witches noted that her pronouncement was a tacit validation of witchcraft.

Dr. Leo Igwe of the Advocacy for Alleged Witches argued that the CJ’s statement implied that witch identification is possible under some form.

“The Nigerian law does not recognise witchcraft. It criminalises it” he, stated.

Reacting to the Advocacy for Alleged Witches,, Barrister Alkassim argued that ignorance of the law is not an excuse saying that the Nigerian law recognizes witchcraft.

According to the legal practitioner, Section 404 (a) of the Sharia Penal Code Laws of Bauchi provides for the offences relating to witchcraft and sorcery.

“The section provides thus:  “Whoever- by his statements or actions represents himself to be a witch or to have the power of witchcraft; or engages in the practice of sorcery or witchcraft;” he said

“The above provisions essentially to recognized witchcraft as codified offence in Laws of Bauchi State.

“The laws cited above are legislation of the State Assembly within the meaning of existing law as contemplated by section 36(12) of the Constitution of the Federal Republic of Nigeria 1999(As amended). It will not be out of place to say that either Dr. LEO IGWE lacks the knowledge of the law or failed to consult legal oracles before delving into conclusion.

“It is worth noting that the provisions of sections 465 of the Bauchi State Administration of Criminal Justice Law established the Administration Criminal Justice Council to be chaired by the Chief Judge of the State. Section 466( a,b,c,d,f & h) of the same law provides specific functions of the council and to wit section 466(f) provide thus:

 “Collate, analyze & publish information in relation to the administration of criminal justice sector in the state”. 

The above provision is not for legislative/judicial cosmetics and the said provisions cannot be seen as a yard-stick to misguide the general public same having been in tandem with the extant laws of the state.

“The provisions of Section 36(12) of the Constitution of the Federal Republic of Nigeria 1999(As amended) provides thus: 

“….a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law; and in this subsection, a written refers to an Act of the National Assembly or a Law of the State, any subsidiary legislation or instrument under the provisions of the law”.

“The idea that witchcraft is a mere superstition has since thrown to the dust bin.

“The offences relating witchcraft has been codified in the Laws of the State to justify the realities of prosecutions of the witchcraft. The provisions of the Sharia Penal Code Laws of Bauchi State with a replica provisions of the Penal Code Laws of the State systematically addressed the case of witch crafty”

Biblically, one of the earliest records of which is in the book 1 Samuel though be written between 931 B.C & 721 B.C. It tells the story of when KING SAUL sought the witch of Endor to summon the dead prophet Samuel’s Sprite to help him defeat the Philistine Army. Though the practice of witchcraft received the zenith condemnation as seen in the Old Testament Exodus 22:18.

“Let me also share my professional experience in the year 2014 I was briefed to handling an alleged case of witchcraft involving a woman & some male adults in one of the Sharia Court in Bauchi State and pursuant to the provisions of section 36(5)(b)  of the Constitution of the Federal Republic of Nigeria 1999(As amended) and subject to the CAB RANK RULE of Professional Conduct of legal practitioners in Nigeria. After the closed of evidence I was to addressed the court. The strong part of my argument during address was that the prosecution has failed to proof the offences of witchcraft against the accused persons by leading credible evidence since there is no confessional statements.

It may surprise you to note that toward to the conclusion of my address, the said court was cordoned by more than five hundred (500) litigant with machetes, sticks, cutlasses, pebbles, stones and other dangerous weapons waiting to kill me for defending alleged witches. The grievances of the litigants is that WHY should a lawyer represent and defend “witches” after seeing clearly that my client bewitched their daughter. I was left in state of life and death for about 40 minutes until I was rescued by the Nigerian Police with full force. It may interest you to note that the judge managed escaped & left me with my client in the court hall.  That day I couldn’t remember anything not even my new wedded wife except invoking the mercy of Allah.

“The above issue received prominent attention By Justice Sa’ad Muhammad Sambuwal when he was the Chief Registrar of the Sharia Court of Appeal Bauchi wherein the said court was temporarily closed as swift measure to find everlasting solution against future incident and attacks on lawyers, kudos.

“The above professional experience is practical to buttress the position of the Chief Judge that “IF YOU ARE NOT A WITCH, YOU CAN’NT IDENTIFY ONE. IT IS AN ISSUE THAT IS DIFFICULT TO PROVE UNLESS THE ACCUSED PERSONS CONFESSES.”

“This is a wakeup call to Dr. LEO IGWE & ADVOCACY FOR ALLEGE WITCHES to be guided by not only the enthusiasm of advocacy but the extant laws of the land. The fact that judicial officer are not allowed to join issues with every tom, dick and harry doesn’t mean to doze over their statutory function.  The idea of this note is to re-set right thinking person to understand the jurisprudence and challenges within the legal family of raising alarm of cases of witchcraft in Bauchi State.

Finally, the provision of section 39 of the Constitution of the Federal Republic of Nigeria 1999(As amended) argued that  “IF YOU ARE NOT A WITCH, YOU CAN’NT IDENTIFY ONE”