The young man had been in prison custody for about 6 years since apprehended in connection with the killing of one Mbo Dauda of the same Luru Village on the 24th October, 2014.
Earlier, in his confessional statement, Kabiru narrated that he found himself in trouble when his wife to be told him that one Mummy Janace, had informed her that he (Kabiru) bought clothes and gave another girl whom he newly fell in love with her.
The then accused and father of one said she further intimated him that the same Mummy had told her that he was no longer interested in her again, hence his decision to look for another girl friend.
The 23 year old farmer added that he latter called both his wife to be and Mummy and asked the later about the matter, and that Mummy admitted to had told his wife about his relationship with his new found girl friend.
He said that the action of Mummy provoked him to the extend of beating her but only once, stating that after he beat her, she (Mummy) went and reported him to her brother and the deceased.
According to him, her late brother went and attacked him (Kabiru) on his way back home by hitting him with a stick, narrating that unfortunately for the deceased, the stick fell on the ground and that he(Kabiru) quickly picked the stick and retaliated by hitting the deceased on his head which led to his death at the hospital.
NEWS PLATFORM learnt that Kabiru was later nabbed in connection with the incident and arraigned before the Honourable Court on the 28th June, 2018, for causing the death of Mbo by hitting him with a stick with the intention of causing grievous hurt.
Since then, he had been standing trial until Yesterday, when the Court discharged and acquitted him for lack of prosecution witnesses to testify against him.
When the matter came up on Friday for the adoption of final written addresses, counsel to the defendant, F. A Ogbe, urged the court to discharge and acquit the suspect.
Ogbe argued that the prosecution succeeded in calling only 2 official witnesses whose testimonies ordinary needed to be corroborated by the testimony of an eye witness to the incident considering it is capital offence.
According to him, there was no evidence that somebody died, and that the prosecution could not be able to prefer any charge against the defendant, saying based on the final written addresses of the prosecution, they have failed to prove their case beyond reasonable doubt.
While addressing the Court, Counsel to the prosecution, I. D. Kulthu, aligned himself with Counsel to the defendant and prayed the Court to discharge and acquit the accused person.
Kulthu said that the prosecution failed to call witnesses that can convict the suspect, and that all the evidences before the court cannot convict him, saying they have no option than to urge the Court to discharge him.
Delivering its judgement after the adoption of the final written addresses, the Court presided over by Honourable Justice Abdul-Azez Waziri, said that the respective Learned Counsels to the parties adopted their final written addresses as their oral submissions urging the Court to discharge and acquit the defendant.
In view of the positions taken by the Counsels to the parties, according to him, the Court would not delve into their legal submissions as both of them are in tandem that the prosecution is the undoubted owner of the case, and failed to do the needful to sustain the charge against the defendant.
Justice Abdul-Azez, declared that the Court had aligned itself with Counsel to the defendant that the prosecution has demonstrated that it is not a persecutor but prosecutor and out to do justice to all and sundry.
He held that the Court has no alternative than to accede to the positions taken by the respective Leaned Counsels to both parties and therefore discharged and acquitted the suspect.
NEWS PLATFORM who was at the premises of the Court, sighted somebody who introduced himself as uncle to Kabiru shedding tears of joy over the verdict.
Fielding question from NEWS PLATFORM shortly after the judgement, Counsel to the Prosecution, I. D. Kulthu, said that the Court has done the right thing to have delivered judgment based on what is before it, and commended the Honourable Judge for the sound judgement.
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