"What I wish to say is surely, he is responsible because he deceived me and said I should have an affair
with
6
him after payment of dowry. I told him that I am afraid but he said there is no problem. As such I agreed
and he has an affair with me. This happened 5 months ago and it's the only time. This is what I wish to
say."
It was submitted for the Appellant that paternity was not established to the Appellant by the
respondent under Islamic Law. The Court was urged to resolve the issue in favour of the Appellant and
allow the appeal.
The learned counsel for the Respondent Abdulwasiu Mohammed, Esq argued the same issue raised by
the Appellant as to whether the Court (Kebbi State Sharia Court of Appeal) was right in affirming the
judgment of the trial Upper Sharia Court Gwandu that gave the paternity of the controversial child to
the Appellant. He submitted that a child of a legally valid marriage contract can only be disowned by lian
"Mutual imprecation."
It was further submitted for the Respondent that both the two lower Courts were right in calculating the
period between the date of the marriage (8-2-2014) and the date when the child was delivered (12-72014) and holding that it was within the minimum period of gestation of six
7
months but that it was less than 5 days. He urged the Court to affirm the paternity to the Appellant and
dismiss the appeal.
It is pertinent that under Islamic Law paternity of child may be proved by:
(a) admission of the father, or
(b) By presumption of law