Follow Us on Google
From Olanrewaju Lawal, Birnin Kebbi
The High Court sitting in Birnin Kebbi and presided over by the Chief Judge of the State,Justice Umar Abubakar has reserved it Judgment on the alleged murder of 47 year old Magistrates Muhammad Attairu Ibrahim Zagga, charged against his former wife,Farida Abubakar.
The late 47 year old Magistrate,on 25/8/2022, was murdered in his house at night about 20 hours , stabbed several by knife where his former wife was the only one found at the scene of the incident
According to the statement of Prosecutor, “on or about the 25th day of August,2022 at about 2045 hours,at Aliero Housing Estate (Quarters), Birnin Kebbi,the defendant who was in the early hours sent money by the deceased into her bank account through PW5 for medical treatment of her daughter,one Fatima.
“However, the defendant had called her ex -husband,one Attairu Abdullahi Ibrahim Zagga ‘M’ on phone to tell him that she was at the gate of his house to collect money for the treatment of her daughter.
“On his arrival, the deceased opened his gate and the defendant and the deceased went into the house. Few minutes after,his neighbours heard him screamed for help . The said neighbours immediately rushed to the gate of the said house but they discovered that the gate was locked up from inside,one Ibrahim Yakubu Sarki climbed over the fence/ wall and discovered the said Attairu lying dead in a poll of his blood with stabs(cut) on his body.
“Therefore,the gate was forcefully opened and the house was searched,the defendant was found hiding in a chicken cage.”
The prime suspect,Farida Abubakar, in the case file number KB/HC/21C/2023 was charged with Culpable murder and voluntary causing of body harm,or grievious body harm contrary to section 191(b) and 224(1) of Kebbi State Penal Code Law,2021.
At the resumption of the case on Monday, Director Deputy Prosecution (DPP), Lawal Hudu Garba, informed the Court that they have written their final address and urge the Court to hold it as their legal argument.
“My Lord,this issue has subsumed the two issues formulated on behalf of the defence at page 11 of the final written address of the Defendant whether the prosecution has proved it’s case beyond reasonable doubt to secure conviction and whether circumstantial evidence is strong enough to secure a conviction.
“We submit respectfully that proof beyond reasonable means establishing the guilt of the accused person with compelling, credible,cogent, reliable, believable and conclusive evidence ‘.
Garba cited case of Ankpeger v State(2018) LPELR-43906(SC) to buttressed his argument.
“We submit that arising from the evidence so far adduced,the defendant is presumed to stab the deceased causing bodily pain and in the instant cade death. We also submit that the defendant did so with the knowledge that it was likely to cause hurt or death.
“We urge your lordship to hold that the Prosecution has proved the ingredients of causing bodily harm under section 224(1) of the Kebbi State Penal Code Law ,2021.”
However, the Defendant Counsel,A.M SA’ADU,who stood him for Abdul Nasir Salau urged the Court to discharge his client and acquit her from the alleged offence charged against her.
He argued that,there was no weapon found at the scene of the incident which could be linked to the offence stressed that,his client had explained what she knew about the death of the late Magistrate.
“We hereby urge this Court to discharge and acquit the defendant,” he said.
In his ruling, Chief Judge Justice Umar Abubakar reserved the judgement and informed the parties that the date of the judgement shall be communicate to them.
