By: Mustapha Gambo Muhammad
Kano State High Court presided over by Justice Amina Adamu has sentenced one Dayyabu Muhammad, for killing his suitor, Hauwa Ibrahim with a sharp knife.
Recalled that the convict was a staff of Kano State Hisba Board as the time he committed the offence.
The convict was on 11th January, 2011 carried a sharp knife and went to the deceased resident located at Kurmawa Quarters, within Kano Metropolis and stabbed her with knife, with led to her death.
To proof his case, the Kano State Counsel Umar Faroukh called 5 witnesses, including; brothers of the deceased, Bashir Ibrahim, Abba Ibrahim and Investigative Police Officers from the State Criminal Investigation Department, Kano Command of Nigeria of Police, Inspector Apagu Awanuwai and Inspector Chinda Chuwari.
In his evidence, Bashir Ibrahim told the court that on 11th January, 2011 he went to the deceased room and found her lying on the floor with blood all over the room.
The witness further said he discovered a sharp knife and a Hisbah cap, abandoned in the room of the deceased.
Similarly in his evidence, Prosecution Witness number 2, Abba Ibrahim testified that he saw blood in front room of the deceased room and equally saw blood in defendant’s motorcycle.
He said the accused entered their house everywhere, saying he studied under his father.
Other prosecution witnesses told the court that the deceased cried for help when the defendant stabbed her with knife.
“He pulled her mother and abandoned the knife and cap of hisba, when the mother of the deceased tried to grabbed him.” The witness testified.
Similarly, in their testimonies separately, Police investigators told the court that they obtained defendant’s statement voluntarily.
After the prosecution closed its case, the defendant testified for himself and called two other witnesses.
In his testimony, Dayyabu denied killing Hauwa’u, he said he was in Zaria when she was killed.
He also denied knowing the knife and his cap recovered at scene of the crime.
He said he has been with father of the deceased for over 16 years.
He also affirmed that he dated the deceased wanted to marry.
To defend his client, Barrister Abdulrahman Mukthar raised the defense of Alibi, argued that Dayyabu was not at scene of the when Hauwa was murdered, noting that the defendant was arrested in Zaria.
Justice Amina refused to grant the defense of Alibi in favour of the defendant.
She upheld that the defendant was supposed to raised the defense of Alibi simultaneously at Police CID not during the trial.
“That you would not succeeed the defense of Alibi in court whichout showing and proven same to investigators.
“It is duty of the defendant to show to the Police that he was in Zaria when the deceased was killed, not during the trial, therefore the defense of Alibi is hereby refused,” the court ruled.
Commenting on extra judicial/ confessional statement of the defendant raised by counsel to the defendant, Abdulrahman Mukthar, Justice Amina Adamu stated that the testimonies of Police investigators proved that the statement was obtained voluntarily without any promise.
“The defendant didn’t show any scar on his body or any signed of torture inflicted on him in relation to his statement.”
“The court upheld that the statement of the defendant was obtained voluntarily without any duress or promises,” Justice Adamu ruled.
Justice Amina Adamu pointed out that the evidences adduced before her court, revealed that the defendant Dayyabu Muhammad went to the deceased room on 11th January, 2011 when she was sleeping along with her daughter, Zainab and stabbed severally, all over her body with sharp knife with led to her death.
The court noted that the act of the defendant was done with the intention to cause death or causing bodily harm against the deceased, knowing that death will be the consequences of his action.
“I hereby sentence you to be death by hanging,” the Judge ruled.