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The Adamawa Chief Judge, Hon. Justice Nathan Musa, has discharged a woman who delivered a bouncing baby boy while in prison custody along side her siblings accused killing step son.
The woman, Zainab Audu(2nd Defendant) along side two (2) of her siblings, Rukayya Audu(1st Defendant), Musa Abdullahi(3rd Defendant) and one other, Abubakar Hassan(4th Defendant) were accused of killing a 19 year old Abdullahi Samaila.
While the 4th Defendant is a son of the 2nd Defendant; Zainab Audu, the Deceased is the step son of her Sister; Rukayya Audu (1st Defendant)
Zainab and 3 other Defendants of Sangere Futy in Girei Local Government Area were arraigned before the Court on the 27th August, 2020 over alleged criminal conspiracy and culpable homicide punishable with death.
According to the Prosecution, the offences contravened Sections 60(1) (a) and punishable under Section 61(1) as well as Section 191(c) and punishable under 192 (b) of the Adamawa state Penal Code Law 2018.
The Defendants allegedly agreed amongst themselves to do an illegal act by beating late Abdullahi with sticks by the neck as a result of which he died.
The Defendants who allegedly beat the Deceased with the knowledge that death will be the probable consequences of their action on the 7th November, 2019; however, denied committing the offences when arraigned before the Court.
NEWS PLATFORM learnt that the fight took place on Thursday, the 7th November 2019, while the Deceased gave up the ghost on Saturday the 9th November, 2019, as a result of stomach pain.
It was further gathered that the Deceased went to his mother's house on the 9th November, where he complained of stomach pain and then slept off and was later discovered lifeless by his mother.
Upon the plea of not guilty by the Defendants, the Prosecution called six (6) witnesses as well as tendered the extra judicial statements of the four (4) Defendants.
But in his ruling, Justice Nathan, declared that the evidence of the Prosecution showed that late Abdullahi, was treated for injuries and discharged on that fateful day after the fight, saying that from the evidence adduced in Court, the Deceased died three (3) days after the fighting took place.
Justice Nathan held that there is no evidence that the fighting did lead to life threatening injuries since he went to the Police station in Girei LGA himself and reported the matter before going to the hospital.
He stated that based on the evidence adduced before the Court, late Abdullahi, was treated and discharged same day and was healthy until 9th November, 2019, when he complained of stomach pain where he later died.
He added that there is no medical report before the Court linking the death to the fight which took place, saying" Invariably, there is no prima facie evidence showing that the Deceased died due to the injuries he sustained during the fight with the Defendants".
According to him, since the Deceased did not die during the fight or immediately thereafter and no evidence of the Deceased sustaining life threatening injuries, the Police ought to have conducted a post mortem examination where the cause of the death will be realised.
"Therefore, it is my candid view which is in line with the views of the Counsel to the Defendants in his no case submission that a principal ingredient of the offence of culpable homicide punishable with death has not been brought out by the Prosecution even at the prima facie level as to warrant the Court to call upon the Defendants to enter their Defence".
"On the whole, the application of no case submission is upheld. The Defendants are discharged", Justice Nathan ruled.
Reacting on the ruling, Counsel to the Defendants, Mohammed Abubakar Esq, Assistant Chief Legal Aid Officer with the Legal Aid Council of Nigeria, appreciated the Court for the judgement.
NEWS PLATFORM understands that Zainab Audu, had while standing trial, delivered a bouncing baby boy at the Yola New Correctional Center, Yolde Pate on the 4th September, 2020 and named him 'Mohammed' after their Counsel.
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