Justice Usman Na’abba of Kano State High Court, Wednesday held that confessional statement admitting to the murder of a five-year-old girl, Hanifa Abubakar, by the proprietor of Nobel Kids Comprehensive College, Kano, Abdulmalik Tanko was taken voluntarily without threat or torture.
Tanko, 34, is charged alongside Hashimu Isyaku, 37 and Fatima Musa, 26, with five-counts of criminal conspiracy, attempt to kidnap, abetment/kidnapping and concealment of a corpse.
Justice Na’abba while giving his ruling in the trial within trial, said the defendants made their confessional statements voluntarily without torture and duress and that the Prosecution counsel had proven its case based on the evidence given by PW1 and PW2.
He said “The prosecution said that the confessional statements of the defendants were recorded in a detective room, good atmosphere and presence of colleagues. The defence counsel did not provide sufficient proof to the court that the defendants were tortured and did not voluntarily write the statement. The confessional statements of the defendants is here by marked as exhibit 11, 12 and 13.
Justice Na’abba adjourned the matter until March 22 for continuation of hearing.
During the trial-within-trial the defence counsel told the court that the statements of Tanko and Fatima were taken under threat and compulsion urging the court to discountenance the statement.
The prosecution counsel, Attorney-General of Kano State, Malam Musa Lawan presented two investigation officers to tender the defendants confessional statements before the court.
The defence counsel, Malam M. L. Usman, during cross-examination asked the investigative officers if the second and third defendants were lured into committing the offence.
Recall that Tanko had on December4, 2021 kidnapped, held the five years old pupil hostage in his house situated at Tudun Murtala for days and killed her with a poison.
The prosecutor said “In the process the second defendant Isyaku buried her in a shallow grave at the premises of Northwest preparatory School situated at Kwanar Yan Ghana Tudun Murtala Kano and Fatima wrote a letter demanding for ransom.
According to the prosecutor, the offence contravened section 97, 95 and 273,274(b) and 277 of the Penal Code Laws of Kano State 1991.
Seven witnesses have so far testified during the trial on behalf of the state.
