A Kano State High Court on Wednesday acquitted a 35-year-old man, Inusa Rabo, charged with the murder of a 55-year-old man, Sa’idu Haruna.
The defendant, who resides in Kadawa Quarters, Dawakin Tofa Local Government Area of Kano State, was charged with culpable homicide.
Delivering the judgment, Justice Fatima Adamu, held that the prosecution failed to prove its case beyond reasonable doubt.
She said the testimony of DW1, Dr Adamu Aliyu, a psychiatrist at the Federal Neuropsychiatric Hospital, Dawanau, Kano, supported the defendant’s history of mental illness.
Adamu said the court had a duty to protect the society, while ensuring that justice is served, but the evidence before it established that the defendant had a history of mental illness.
The defendant is hereby discharged and acquitted on the one-count charge of culpable homicide preferred against him,” she ruled.
The judge ordered the defendant’s relatives to sign an undertaking before the court to ensure that he continues receiving treatment at the Neuropsychiatric Hospital, Dawanau and make sure he takes his medication regularly.
Adamu commended the defence counsel for deligently handling the case on a pro-bono basis, particularly for presenting a medical expert to testify.
She urged other legal practitioners to emulate and handle their cases diligently and professionally.
The Prosecution Counsel, Hafsat Ada’u-Kutama, told the court that Rabo committed the offence on Sept. 1, 2024, at Kadawa Quarters, Kano.
Ada’u-Kutama alleged that at about 1:50 p.m. on the same date, Rabo hit the deceased (Haruna) on the head with a stick, an act that led to his death.
As a result, the deceased sustained injury and was rushed to the Murtala Muhammad Specialist Hospital, Kano, where he was confirmed dead,” she said.
The prosecution called three witnesses and tendered three exhibits to prove it case.
The prosecution said the offence contravened the provisions of Section 221 of the Penal Code.
The defendant, however, denied committing the offence.
The Defence Counsel, Haruna Saleh-Zakariyya, called the defendant and two other witnesses to testify.
He tendered three exhibits including a medical certificate indicating that the defendant had a history of mental illness for over 10 years.
The medical expert Dr Aliyu, earlier in his testimony told the court that he had been treating the defendant for more than 10 years.
