An Upper Shari’ah Court in Kano has sentenced Shafiu Abubakar to death by hanging for setting ablaze worshippers during early morning prayers at a mosque in Gadan village, Gezawa Local Government Area of the state.
The tragic incident occurred on May 15, 2024, at approximately 5:15am while worshippers were performing the Subhi (dawn) prayer.
Eleven people died in the mosque, while 12 others who sustained severe burns and were taken to Murtala Muhammed Specialist Hospital, later succumbed to their injuries.
Presiding Judge Halhatu Huza’i Zakariya found the defendant guilty on a four-count charge – culpable homicide, attempted homicide, causing grievous injury, and mischief by fire-offences contrary to sections 143, 148, and 370 of the Kano State Shari’ah Penal Code Law of 2000.
In addition to the death sentence, the court ordered that the convict be given 150 lashes and pay a fine of N1,500.
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The court also directed the forfeiture of his tricycle to the Kano State Government, with proceeds from its sale to be used in the repair of the damaged mosque.
Shafiu was initially arraigned on May 25, 2024, and pleaded guilty to a three-count charge relating to the deaths of 11 victims.
On July 4, 2024, the prosecution filed an amended four-count charge after the death toll rose to 23. The defendant again pleaded guilty.
Seven witnesses were presented by the prosecution, including Abdulaziz Yahya, 55, the village head of Gadan, and ASP Abdullahi Sajoh Adamawa, a police officer attached to Gezawa Police Station. The court, however, disregarded the testimonies of five witnesses.
Prosecution witness Aminu Abubakar, 42, a brother to the convict, testified that Shafiu had previously attempted to harm family members and had undergone psychiatric evaluation at Dawanau Hospital, where he was declared mentally sound.
Another witness, Bashir Saleh, 42, who was inside the mosque during the attack, testified that he escaped with severe burns.
He said he saw the convict fleeing the scene, instead of helping the victims. He was wearing yellow trousers and a red shirt.
The judge considered this circumstantial evidence (Qarina) and cited Tafsiratul Hukkam by Ibn Qassim, page 254, to support the ruling.
The court also relied on the testimony of ASP Abdullahi Sajoh Adamawa, who stated that the convict confessed during interrogation.
Shafiu reportedly admitted that on May 14, 2024, he purchased fuel from the Fara-Fara filling station, which he used to douse the mosque before setting it ablaze and locking its doors. He sustained burns to his hands during the act.
The judge noted that Shafiu appeared in court with visible burns, further corroborating the confession and supporting the prosecution’s case.
The confession, admitted without objection from the defence, was accepted in accordance with Section 276 of the Kano State Administration of Criminal Justice Law (2019), which states that a voluntary confession is sufficient to warrant a conviction, including the death penalty.
Consequently, the judge sentenced Shafiu to death by hanging for the first count under Section 143(a) of the Kano State Shari’ah Legal Code.
For the second count, he was sentenced to 100 lashes; for the third, a N1,500 fine; and for the fourth, 50 additional lashes.
The tricycle forfeiture order was reaffirmed, with proceeds earmarked for the mosque’s restoration.
Govt welcomes verdict, defence hints at appeal
The Director of Public Prosecutions (DPP) at the Kano State Ministry of Justice, Salisu Tahir, has expressed satisfaction with the death sentence handed to Shafiu Abubakar by the Upper Shari’ah Court.
Tahir said the sentence reflects the gravity of the offence, though he noted his reservation regarding the court’s dismissal of testimonies from five prosecution witnesses.
“So, generally, we are satisfied that the convict was sentenced to death by hanging,” the DPP said.
Meanwhile, Asiya Muhammad Imam, counsel for the convict from the Legal Aid Council, acknowledged that Shafiu has the right to appeal the judgement if he is dissatisfied.
She also raised concerns about his current confinement, saying, “Shafiu has spent nearly a year at the Goron Dutse Correctional Facility, which is overcrowded.
“I, therefore, ask the court to transfer him to Kurmawa Correctional Facility, where inmates sentenced to death are held in smaller numbers.”
Commenting on the verdict, Kano-based human rights lawyer Ali Jamiu described the judgement as a symbol of justice for the 23 victims who lost their lives in the attack.
Jamiu emphasised that individuals who commit capital offences must be held accountable to deter future crimes of a similar nature.
He further urged state governors, who hold the authority to approve the execution of death sentences, to act decisively.
“Many convicts on death row are still being fed by the government in correctional facilities across the country. The laws that impose fines as low as N1,500 or N2,000 must be updated to reflect today’s standards,” Jamiu added.
Kano State Governor Abba Kabir Yusuf had vowed that justice would be served for the victims.
During a visit to the injured victims at Murtala Muhammed Specialist Hospital, the governor clarified that the incident was neither terrorism-related nor politically motivated, but rather a result of a family dispute that escalated into an act of violence of unimaginable magnitude.
‘Family inheritance dispute sparked mosque arson’
Police authorities and residents stated that the arson attack on the mosque was motivated by a dispute over the sharing of family inheritance.
The Kano State Police Command had said the convict confessed to setting the mosque ablaze out of frustration, targeting relatives he believed had cheated him during the sharing of family property. The victims, he claimed, were present in the mosque at the time of the incident.
Speaking after Shafiu Abubakar’s arrest, police spokesperson, SP Abdullahi Haruna Kiyawa said “The principal suspect has been identified and arrested. He is Shafi’u Abubakar, aged 38, who said his action was purely hostile following a prolonged family disagreement over inheritance sharing.
“He alleged that those who cheated him were in the mosque at that moment, and he set the fire to make his voice heard.”
Residents corroborated the police statement, noting that Abubakar had shown signs of frustration and aggression in the past, especially regarding the handling of his family’s inheritance.
“He has always been troubled. When he demanded his share of the inheritance, the family gave it to him,” said a resident, Malam Garba.
“He was even taken to a mental institution after attacking his relatives, but doctors declared him mentally sound. So, when he set the mosque on fire, he knew what he was doing. Two of his uncles died in the incident,” Malam Garba added.
Residents added that this was not the first time the suspect had attempted to harm relatives over the dispute, emphasising that his longstanding hostility had raised concerns long before the tragic attack.
Multiple adjournments delayed trial
The case against Shafiu Abubakar was filed by the Kano State Government on May 25, 2024, with the State Attorney General and Commissioner for Justice, Barrister Haruna Dederi, representing the prosecution.
Shafiu initially pleaded guilty to all the charges, but when asked by the court whether he had legal representation, he said he did not. The court subsequently adjourned the case to July 7, 2024, to allow him to secure legal counsel.
On the adjourned date, Habiba Yusuf from the Legal Aid Council entered an appearance on behalf of the accused, and the prosecution sought leave to amend the charges.
The case was then adjourned to July 18 and 19, 2024, during which the accused took his plea on the amended charges.
On September 11, 2024, both the prosecution and the defence failed to appear in court, leading to a further adjournment to September 17. On that date, the prosecution presented three witnesses: Abdulaziz Yahya (55), the district head of Gadan; Aminu Abubakar (42), a resident; and Shuaibu Ibrahim (45), a trader.
The prosecution brought additional witnesses on October 16, 2024, and Bashir Saleh, along with Salisu Sani Suleiman, testified on October 30, 2024.
On November 12, 2024, ASP Abdullahi Sajoh Adamawa testified as the seventh prosecution witness and was cross-examined by the defence.
The case faced another delay on November 19, 2024, when neither the prosecution nor the defence appeared in court, prompting another adjournment to December 17.
On that date, the accused opened his defence, admitted he had no defence to offer, and the case was adjourned for judgment.
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