However, calculating by the lunar Hijri calendar shows 8-2-2014 is equivalent to 7 Rabi II 1435 Hijri,
while the date of birth is 12-7-2014 that is equivalent to 14 Ramadhan 1435 Hijri, which is exactly 5
months and 7 days. This falls short of the required minimum period of gestation of 6 months that
supports a legal presumption of paternity under Islamic Law. It was wrong for the lower Court to
compute time from the day the Appellant brought money for dowry. That was not marriage under
Islamic Law. There was no dispute about the date of the marriage being Saturday 8th February 2014 (7
Rabi Thani 1435 A.H) and the date of birth being Saturday 12th July 2014 (14 Ramadhan 435 A.H). The
period within which the child was born was therefore less than six months as appraised above.
The foregoing analysis shows that the Court below was clearly wrong in its decision of attributing
paternity to the Appellant on the basis of presumption of law. This leads me to the resolution of the lone
issue for determination in favour of the appellant and this spells out the meritorious stance of this
appeal. It undoubtedly deserves to be and is hereby allowed.
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The judgment of the Kebbi State Sharia Court of Appeal, 66 Argungu Division delivered on the 11th day
of June 2015, wherein the Court below dismissed the Appellant's appeal and affirmed the decision of
the trial Court (i.e. Upper Sharia Court, Gwandu) being perverse is hereby set aside. In view of the
relationship between the parties, there shall be no order as to costs.
AMINA AUDI WAMBAI, J.C.A.: I have read the judgment just delivered by my learned brother Mukhtar,
JCA. I agree with his reasoning and conclusion that there is merit in this appeal. For the reasons stated in
the lead judgment, I also allow the appeal and abide by the consequential order therein.
FREDERICK OZIAKPONO OHO, J.C.A.: I had the opportunity of reading the draft of the Judgment of my
learned Brother HUSSEIN MUKHTAR, JCA just delivered and I am in agreement with his reasoning and
conclusions in allowing the Appeal as meritorious. I abide by other consequential orders of Court.
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