Any chance of finding justice for late Deborah Samuel, a student of Shehu Shagari College of Education, Sokoto, who was violently murdered by fellow students might have been lost as a Sokoto State Magistrate Court has set the suspects free.
Two suspects Bilyaminu Aliyu and Aminu Hukunchi were arrested on the 16th of May, 2022 over Deborah’s brutal killing by her fellow students that accused her of blasphemy. The entire incident was captured on camera and circulated over the internet.
In the videos, her assailants bragged and celebrated ending her life while showing the matchbox from which they drew matchsticks to burn her with.
They were arraigned at before a Chief Magistrate, Shuaibu Ahmad, in Gwiwa area of the state.
However, a court document published by FIJ suggests that the suspects are now free because the police ‘deliberately’, failed to prosecute the suspects. Strangely, Aliyu and Hukunchi were not standing trial for murder but for criminal conspiracy and inciting public disturbance.
According to the Court documents dated January 30, 2023, Magistrate Shuaibu Ahmad, who presided over the matter, ruled to set the suspects free after the police made no appearance during trial.
M. B. Abdallah, their lawyer, told the court on January 30 that Khalid Musa, the prosecution inspector, was “conspicuously absent”.
He asked the court if Musa had communicated reasons for his absence, but the court registrar confirmed that while Musa was aware of the date, he did not communicate his absence.
Abdallah informed the court that Musa was also absent from court on December 29, 2022. He said, “Since the arraignment of the defendants in May 2022 last year, there was never a time the defendants failed to come to the court for their trial, but on the contrary, the prosecution are always absent, and where they are present, they are always not serious in prosecuting this case.
“In the circumstances, we wish to apply to this court to strike out this case and discharged the defendants as provided under the S. 350(1) of the ACJL of Sokoto State 2019 which deals with situations of none appearance of the complainant during trial.
“Since the arraignment of the defendants in May 2022 last year. There was never a time the defendants failed to come to the court for their trial. But on the contrary the prosecution are always absent. And where they are present they are always not serious in prosecuting this case. So we urged the court to strike out this case and discharged the defendants in the interest of justice and in accordance with the law.”
In his ruling, Shuaibu Ahmad, said:
“On the FIR CMC/GUI/8/2022 The two defendants were arraigned before this court on the 16/5/2022 with the alleged offence of Criminal Conspiracy and Inciting Public Disturbance contrary to S. 60(2) and 78 of the SSPC 2019.
On the 20/10/2022 this case started denovo due to the transfer and change of the former Chief Magistrate Fatima Hassan. And when the FIR was re-read and re-explained to each of the defendant Each of the defendants denied the contents of the FLR as untrue:
“Accordingly, case No CMC/GUI/8/2022 COMMISSIONER OF POLICE VS BILYAMINU ALIYU & 1 OR is hereby struck out And the defendants are hereby discharged.”
Also, the right of appeal has been lost as the Chief Magistrate said: “There is right of Appeal to High Court of Justice Sokoto within 30 days from today.” The 30 days elapsed on March 1st, 2023.
