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NewsRescue
Court documents indicate how the suspected killers of Deborah Emmanuel, a College of Education student, were released after Nigerian police prosecutors failed to appear in court.
On May 12, 2023, Emmanuel, a female student at Shehu Shagari College of Education in Sokoto, was attacked by a mob and set ablaze for allegedly insulting Prophet Mohammed.
A few days later, a Magistrate Court in Sokoto State remanded the two suspects apprehended in connection with her death, Bilyaminu Aliyu and Aminu Hukunci.
During the trial, the suspects pleaded not guilty to the deceased’s murder.
They were later released and acquitted by the court.
Chief Magistrate Shuaibu Ahmad, Esq set the accused free in a five-page court judgement delivered on January 30, 2023 in the Chief Magistrate Court I Gutwa, Sokoto and observed by SaharaReporters due to the lack of the police prosecution throughout a series of sessions.
The charges against them, criminal conspiracy and inciting public disorder, should have brought a maximum sentence of two years in prison if convicted.
“On the 20th of October, 2022, this case began denovo due to the transfer and change of the former Chief Magistrate Fatima Hassan.” And when the F.I.R. was read and explained again to each defendant. Each defendant contested the contents of the F.I.R. as false. The prosecution then informed the court that the investigations into the matter had been completed and that the case was ready for hearing. The case was postponed to 3/11/2022.
“The matter was scheduled for hearing on March 11, 2022. The defendants and the prosecution were both present. The prosecution requested that the case be rescheduled since they were unable to serve their witnesses in this instance. The matter was adjourned to 10/11/2022 for a hearing without objection from the Defence Counsel. The case was scheduled for hearing on November 28, 2022. The defendants appeared in court. However, due to the absence of the prosecution, the case was postponed to 8/12/2022.
“On the 8th of December, 2022, the prosecution was also absent from court for the hearing of this case.” As a result, the case was postponed until December 29, 2022. The defendants appeared in court on December 29, 2022. However, the case could not proceed due to the absence of the prosecution. Learned Mr. M.B Abdallah, Esq, counsel for the defendants, requested that the matter be dismissed under Section 350(1) of the ACJL of Sokoto State 2019 due to the lack of the prosecution. However, the court denied the application and rescheduled the case for today, January 30, 2023, at the request of the prosecution.
“The defendants and their attorneys are in court today, 30/1/2023. However, the prosecution is not present, and he is not present for any legitimate purpose. Because the prosecution was not present, Learned Counsel for the defendants requested that this case be dismissed.
“From the prosecution’s conduct in this case, it appears to this court that the prosecutions have no evidence against the defendants.” And any/or are no longer interested in pursuing this case seriously.
“In light of the foregoing, it would be unjust to further adjourn this case at the prosecution’s request when they have been given several adjournments to call their witnesses but have been unable to do so.” In the interest of justice and in conformity with the law, I thus allow the Learned Counsel’s application to strike out this case for lack of evidence and diligence in prosecution.”
Nigerians have recently expressed concern over Emmanuel’s assassination, following the arrest of Afro artist Seun Kuti, who assaulted a police officer last week.
To quell criticism, Nigeria Police spokesman Olumuyiwa Adejobi issued an update on Thursday, stating that the killers had been charged before a “magistrate court.”
Adejobi went on to say that anyone interested in learning more about the case can contact the court.
He did not, however, inform the public that, while the police arraigned the suspects in court, they did not properly prosecute the case, and the suspects were released as a result.
