Court sentences ex-wife to death by hanging for killing Magistrate

The Kebbi State High Court 1, has sentence to death by hanging, one Farida Abubakar ex-wife to a Magistrate for stabbing him to death.

The deceased was stabbed to death with a sharp object on his abdomen, neck and left arm which led to his demise. 

Delivering the judgement, the Chief Judge, 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" declared the judge.

"The burden of proof is on the prosecution to establish guilt against the accused person beyond reasonable doubt within the boundary of evidence adduced", added Justice Abubakar.

"With the extra judicial statement of the accused person and the testimony of 12 prosecution witnesses, the court is overwhelmingly convinced that the circumstantial evidence is an irresistible fact that she was the one who killed the deceased", the Judge said.

"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", declared the Chief Judge.

"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", Justice Abubakar said.

"The court has found you guilty of culpable homicide and bodily harm, the court has convicted you as charged", the Judge concluded.

"The court has sentenced you to death by hanging in accordance with section 191(b) penal code law of Kebbi State. You are to be hanged by the neck until you are dead", Justice Abubakar said in the judgement.

"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", the Judge read out in the judgment.

In mitigation, the defense counsel, Mudashiru Sani 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 time 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 latter 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 Chief Magistrate, Attahiru Muhammad Ibrahim) 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 defence counsel, Mudashiru Sani, said, his client would appeal the judgement of her conviction before he 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 defence tendered 2 exhibits admitted in evidence.