A Taraba State High Court has sentenced an Islamic teacher, Mallam Mubarak Hassan, 27, to 15 years’ imprisonment for the killing of six-year-old Mustapha Ishyaku in Mutum Biyu, Gassol Local Government Area.

Delivering judgment on Friday in Jalingo, the Chief Judge of Taraba State, Justice Joel Agya, found Hassan guilty of culpable homicide not punishable with death.

The court ruled that the convict would serve 15 years in prison without the option of a fine. The sentence is to take effect from March 3, 2022, the date of his arrest.

Justice Agya, however, discharged and acquitted Hassan of charges of abduction and kidnapping.
The judge recalled that the case, marked TRSJ/29C/2023, was filed on June 20, 2022, by the Office of the Attorney General of Taraba State.

The prosecution had accused Hassan of abducting the child, killing him, and burying his body in a shallow grave along Dankuturu in Mutum Biyu.

According to the court, the first charge bordered on abduction under Section 3(a) of the Taraba State Kidnapping and Abduction Prohibition (Amendment) Law No. 2 of 2019, while the second charge was culpable homicide under Section 221(a) of the Taraba State Penal Code Law, 1997.

During the trial, defence counsel argued that the prosecution failed to prove the allegations of kidnapping and abduction beyond a reasonable doubt, citing lapses in police investigation and failure to call key witnesses.

On the homicide charge, the defence maintained that there was no eyewitness account and that the alleged weapon was not tendered in court.

In his ruling, Justice Agya held that while the prosecution could not establish culpable homicide punishable by death, it proved a lesser offence of culpable homicide not punishable by death.

“I, therefore, discharge and acquit the defendant on the first count of kidnapping and abduction. I convict you on the second count of culpable homicide not punishable by death. You will serve 15 years imprisonment without the option of a fine, effective from the date of your arrest,” the judge ruled.

Reacting to the judgment, the Deputy Director of State Prosecution, Mrs. Ayiatsipu Johanna, described the ruling as insightful and beneficial to legal practice.
Counsel to the defendant, Mr. Dahiru Modibbo, who had earlier urged the court to temper justice with mercy, said he would appeal the judgment.