Nasiru Yusuf

The Kano State High Court presided over by Justice Usman Na’abba has fixed February 9 to deliver ruling on trial within a trial in respect of Abdulmalik Tanko and Fatima Jibrin’s confessional statements sought to be tendered as evidence by the prosecution’s counsel to prove their case against the three defendants who allegedly conspired, kidnapped and killed a five year old Hanifa Abubakar.

KANO FOCUS reports that when the case resumed on Thursday for the continuation of hearing, Prosecution counsel Attorney General and Commissioner of Justice Kano

Musa Abdullahi Lawan sought to tender two confessional statements of the defendants.

However, the defence counsel Mukhtar Labaran Usman objected to the admissibility of the statements, arguing that the statements of Abdulmalik and Fatima were taken under threat and compulsion urging the court to dismiss it relying on section 29 sub section 2 and 3  of Evidence Act 2011.

Earlier in his submission during trial within trial, the investigative officer attached to Anti kidnapping squad of Kano Command Ridwan Ibrahim told the court that he took the defendants’ statements without any threat or compulsion.

He denied using electrical device on witness while taking his statement.

He told the court that he took the statement in the presence of his colleagues noting that there was light, fan and it was an open detective office where statement of the party involved in case were taken.

Also in his testimony, another policeman Muhammad Yanfa told the court that Ibrahim recorded the defendant’s statement in his presence.

“It was in my presence, it was a busy office where my colleagues record statement of parties who came in respect of their case.

“A lighting and brightening detective office. I was there from beginning to the end. The defendants were not tortured, intimidated or harassed. They signed the statement without any compulsion” the witness said.

Other witnesses who testified on Thursday include Sani Hussaini Kyarma, Jamila Muhammmad Sani, a wife to Abdulmalik Tanko and Jummai Danladi making the total of 8 prosecution witnesses so far.

Justice Naabba adjourned the case to February 9 and 10 for ruling on trial within trial and continuation of hearing.

The last sitting

On Wednesday the Court had admitted 10 exhibits tendered by prosecution counsel Mr Lawan against suspected killers.

The prosecution counsel who is also the state Attorney General tendered the exhibits through third witness police inspector Ubale Usman attached to Anti Kidnapping squad Kano command.

The exhibits include coroner’s form duly signed by a medical doctor (exhibit 1), four mobile phones (exhibit 2) comprised of three used by the prime suspect to contact Hanifa’s parents and one belonging to Hanifa’s mother, photocopy of Hanifa’s picture obtained from the suspects in the course of investigation (exhibit 3) and N30,300.

Mr Tanko and one of his alleged accomplices, Isyaku, have pleaded guilty to criminal conspiracy but denied four other charges in the murder trial.

However, the other suspect, Fatima Jibrin, denied all the charges at the previous sitting

The suspects were charged with criminal conspiracy, kidnapping, concealing/keeping in confinement a kidnapped person and culpable homicide, offences contrary to Sections 97, 274, 277 and 221 of the Penal Code.

Hanifa was allegedly kidnapped and murdered by Mr Tanko, who was her teacher, and two other suspects.

The Attorney General had earlier informed the court that sometime in Nov. 2021, the defendants conspired and kidnapped the five-year-old Hanifa while she was returning from Islamiyya school.

He alleged that Tanko, the proprietor of Nobel Kids Comprehensive College, Kano, had on Dec. 4, 2021, kidnapped and held Hanifa hostage in his house situated at Tudun Murtala for days and killed her with poison.

“In the process, the second defendant Isyaku buried her in a shallow grave in the premises of Northwest Preparatory School situated at Kwanar Yan Ghana, Tudun Murtala, Kano.

“On Dec. 27, 2021, the third defendant Musa wrote a letter to the victim’s family, on behalf of Tanko, demanding the sum of six million Naira as ransom.”