Eye for an eye: Court orders man’s amputation for inflicting same injury on teenager

The Gombe State High Court No. 5 in Nigeria, presided over by Justice A.M. Haruna has ordered that a certain Abdullahi Suleiman’s hand be amputated.

Suleiman was found guilty of severing the hand of a 14-year-old boy, Khalifa Abubakar, with a machete.

Diaspora Digital Media gathered that he incident occurred on February 12, 2022, at Moddibo village, Yamaltu Deba Local Government Area of Gombe State, during a wedding ceremony that escalated into a brawl.

The groom had asked everyone to leave the venue due to the commotion.

As people were leaving, Abdullahi Suleiman, a resident of Wajari village, used a machete to disperse the crowd along with other youths.

According to the police, Khalifa Abubakar, who stopped to pick up his shoe that fell while running, was struck by Abdullahi with the machete, resulting in the complete severance of his right hand.

Khalifa’s relatives rushed him to the Federal Teaching Hospital in Gombe, where doctors treated his amputated hand.

Following the incident, Khalifa’s family reported the case to the police station in Deba.

Although Suleiman was initially granted bail, the government took up the case, and the State Counsel, Barrister Y.G. Ahmad, filed a suit at the Gombe State High Court No. 5. With the case no GM/ 88c/2022.

During the trial, the court heard testimonies from five prosecution witnesses, including Khalifa Abubakar himself, who confirmed that Abdullahi Suleiman was responsible for the attack.

Among the witnesses, three were eyewitnesses who testified that Abdullahi struck Khalifa during the fracas.

A medical doctor who treated Khalifa was also summoned to provide evidence regarding the nature of the injury and the treatment provided.

In the defence, Abdullahi presented two witnesses, but their testimonies were deemed insufficient.

After evaluating the evidence, the court found Abdullahi Suleiman guilty of the charges.

The court then sentenced Abdullahi Suleiman to two years imprisonment or a fine of N50,000.

He was also ordered to pay N134,540 as compensation for Khalifa’s medical expenses.

However, the most striking part of the judgment was the directive to amputate Abdullahi’s right hand mirroring the injury he inflicted on Khalifa.

Analysing the penalty

The case involves a judgment by the Gombe State High Court ordering the amputation of Abdullahi Suleiman’s hand for severing the hand of a 14-year-old boy, Khalifa Abubakar.

To assess this judgment under Gombe State laws, we must consider the Penal Code, Sharia law, and the Nigerian Constitution.

Gombe State operates under the Penal Code, influenced by Sharia law, which allows for retributive justice (qisas) in cases of intentional harm.

However, the Penal Code does not explicitly prescribe amputation for such offenses, typically favoring imprisonment, fines, or compensation.

The Nigerian Constitution guarantees fundamental human rights, including the prohibition of torture and inhuman treatment.

The constitutionality of corporal punishments like amputation has been debated, as they may conflict with these rights.

The African Charter on Human and Peoples’ Rights, which Nigeria has ratified, also prohibits degrading punishment.

Abdullahi Suleiman can appeal the judgment to higher courts, which may review its alignment with constitutional and human rights standards.

The judgment, while rooted in Sharia principles, raises significant human rights concerns and may face public and international criticism.

If carried out, it could set a controversial precedent, highlighting the tension between traditional/religious legal systems and Nigeria’s constitutional framework.

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