By Umar Faruk Birnin Kebbi
Kebbi State High Court 1 has sentenced an ex wife to a late Magistrates Muhammad Attahiru Ibrahim Zagga, Farida Abubakar, to death by hanging for his murder.
The deceased was stabbed to death by a sharp object on his resident in Adamu Aliero Housing Estate on the neck and left arm which led to his demise.
While judgement, this Monday, the Chief Judge of the state who adjudicated on the case, Hon. Justice Umar Abubakar, said, the court was convinced that the accused person committed the offence according to evidence adduced by the prosecution.
“The defendant was last seen with the deceased in his house in Birnin Kebbi, shortly after, he was found dead. Circumstantial evidence linked the defendant to the offence”.
“The burden of proof is on the prosecution to establish guilt against the accused person beyond reasonable doubt within the boundary of evidence adduced”.
“With the extra judicial statement of the accused person and the testimony of 12 prosecution witnesses, the court is overwhelming convinced that the circumstantial evidence is an irresistible fact that she was the one who killed the deceased”,
“The deceased was last seen with the defendant alive alone. The evidence adduced is cogent, compelling, not controverted. Her Hijab was found smeared with blood. It was her intention of causing death, she knew death would be the consequent outcome of her action. The offence committed at a time the deceased was about to marry a new wife”. Court declared.
“The court is satisfied, it is clearly established that the defendant mercilessly planned and marshalled the attack with sharp object, obviously to cause death or knowing the consequence of her act to cause death or does not care”.
“The court further stated that has found the dependant guilty of culpable homicide and bodily harm, the court is here by convicting you as charged”.
“The court has sentenced you to death by hanging in accordance with section 191(b) of the penal code law of Kebbi State. You are to be hanged by the neck until you are dead”.
“The court has also sentenced you to 7 years in prison for causing bodily harm in accordance with section 224 (1) of penal code law of Kebbi State with one hundred thousand Naira or with both”. Court pronounced.
The defense counsel, Mudashiru Sale holding brief for Abdulnasir Sallau, described the convict as first time offender with aged parents looking after them on daily basis, and also has a young daughter in need of motherly care.
He pleaded with the court to give the convict lighter sentence, so that she can finish her jail term and come back to the society as reformed individual, considering her age.
In reply, the Prosecuting Counsel, who is the Director, Public Prosecution, Ministry of Justice, Lawal Hudu Garba, enjoined the court to follow the latters of the law to serve as deterrent to others from committing the same heinous offence.
The trial Judge remarked that after listening to both sides, in the case of this nature, the deceased was killed in active service, (serving Magistrate, Attahiru Muhammad Ibrahim Zagga) and if proved beyond reasonable doubt, the punishment is mandatory sentence.
Farida Abubakar is reported to have committed the offence on 25/8/2022 while the main charges were filed before the court on 26/7/2023 with conviction delivered on 3/6/2024.
The defense counsel, Mudashiru Sale said, his client would appeal the judgement of her conviction before the Court of Appeal, Sokoto.
The prosecution presented 12 witnesses and tendered 8 exhibits including blood stained Hijab admitted in evidence by the court while the defense tendered 2 exhibits admitted in evidence.
