Point News247 reports that Kano Magistrate’s Court 12, sitting at Gidan Murtala and presided over by Chief Magistrate Muhammad Jibril, has ordered the case of Abdulmalik Tanko and his accomplices to be transferred to the State High Court six before Justice Usman Na’abba.
Counsel to the state government led by Aisha Mahmoud applied to the court to adjourn the case to a higher court as the Magistrate’s Court has no jurisdiction over the case.
Mahmoud said: “The offences alleged to have been committed by the defendants are not triable by this court. So, we are applying for a count charges before the High Court.”
The court has, therefore, ordered the suspects to be remanded in prison custody before re-arraignment in the next court.
Tanko, 34, and his accomplices, Hashim Isyaku, 37 years, and Fatima Jibrin, 26 years, all residents of Tudun Murtala in Nasarawa Local Government Area were docked over criminal conspiracy, kidnap, confinement and culpable homicide contrary to section 97, 274, 277, 221 of the penal code.
Also, the Kano State Government has filed a five-count charge against Abdulmaliq Tanko and two others over their alleged murder of five-year-old Hanifa Abubakar in their Dakata quarters, Nassarawa local government area of the state.
Tanko, along with Hashimu Isiyaku and Fatima Musa is already standing trial over criminal offence before Senior Magistrate Muhammad Jibrin bordering on culpable homicide, kidnapping, concealing, and confinement of a kidnapped in person.
The suspects were accused of kidnapping and subsequent murder of Hanifa with rat poison powder worth N100 and buried her in a shallow grave after collecting the sum of N100, 000 part payment of N6 million ransoms from her parents.
Magistrate Jibrin had remanded the three accused people in Kano Correctional Centre for further mention.
When the matter came up for hearing yesterday, prosecution counsel, Aisha Mahmoud told the court that the government has decided to transfer the criminal charges before a state high court.
Aisha, who is also the Director Public Prosecution, Kano State Ministry of Justice, explained that the government’s decision was premised on the fact that the lower court lacks jurisdiction to hear the charges brought against the suspects.
She, therefore, appealed that the suspects should remain in the correctional centre for seven days pending when the prosecution will file termination notice of the case at the lower court.
According to the prosecution, the prime suspect Tanko will face the charge of culpable homicide while the other two suspects are standing trial over alleged kidnapping, conspiracy, aiding, and abating.
“Considering the nature of the offences committed by the suspects and considering the fact that the lower court has no jurisdiction to hear the case, we have filed the charges before the high court,” she said.
Senior Magistrate Jubrin, however, granted the plea of the prosecution and adjourned the matter to February 9, 2022, for further mention.
In addition, a Chief Magistrate’s Court sitting in Kano yesterday fixed February 9 for the trial of Abdulmalik Tanko, 34, for the alleged murder of five-year-old Hanifa.
The Kano State Director of Public Prosecution Aisha Mahmoud informed the court that the state has filed the charge before Kano State High Court.
“We filed the charge because the offence alleged to have been committed by the defendants cannot be tried by this court.
“The Kano Chief Judge has directed that the case be transferred to court six.
“We apply for another date to terminate the First Information Report (FIR) before this court,” she said.
Mahmoud earlier alleged that Tanko held Hanifa hostage in his house situated at Tudun Murtala Quarters, Kano, for six days and killed her with rat poison, put her corpse into a sack and buried her in a shallow grave on December 10, 2021.
“The defendants collected the sum of N100, 000 ransom out of the N6 million earlier requested.”
The pleas of the accused people were not taken.
She said the offences contravened the provision of Sections 97, 274, 277 and 221 of the Penal Code.
The Chief Magistrate, Muhammad Jibril ordered the remand of the defendants in a correctional centre.
Jibril adjourned the matter until February 9 for further mention.
