spent about six months, until the conclusion of the Police investigation. She was released on
bail.
j
14• She remarried two years after the death of her first husband and gave birth to a baby girl,
who is now 18 months old. She is still nursing her. She received legal advice on February
25h 2009, more than 2 years after her release on bail. She was charged for culpable Homicide
on the person of her previous husband, pursuant to section 221 of the Nigeria Penal Code.
Katsina State assigned her a Counsel, who did not file a final address nor made any
mitigation plea on her behalf As a result the judge sentenced her to death by hanging on
December 61h 2012. She was subsequently admitted in Katsina Central Prisons, where she
remains till today. She is imprisoned in a cell with six other inmates and nursing her baby girl
inside the prison.
15. The 1st defendant denied the allegations contained in the plaintiffs statement of claim and
demanded for the strictest proof thereof. The 1st defendant narrated their defence that the
plaintiff was a full grown adult at the time of the commission of the crime of murder of her
husband. She was accordingly charged to court, convicted and sentenced to death. The 1st
. defendant claimed that any woman who is married in Nigeria shall be deemed to be of full
-··;. age.
16. The 1st defendant also claimed that the plaintiff was an adult both in law and biologically
when she committed the offence of murder. The 2nd defendant claimed that the plaintiff
knowing fully that, her husband is a cripple and while he was asleep se intentionally
decided to set the room ablaze and locked him inside, at the end of the exercise she went
away to an unknown destination-and after sometime; she appeared on the pretext that she was
confused. The 2nd defendant also claimed that the case was investigated by the police who
submitted the case diary for legal advice and after a careful perusal; the Counsel found that,
the plaintiff narrated the way and manner she committed the offence because nobody saw her
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as at the time of the incidence, consequently, the trial court had no alternative than to rely on
her confessional statement and convicted her accordingly.
17.. The 2nd defendant also claimed that a Counsel was assigned to defend her and a careful
perusal of the record of proceedings shows that the Counsel to the plaintiff at the trial court
4