Mallam Mubarak Hassan convicted of culpable homicide and acquitted of kidnapping and abduction

By Sadiq Abdulfatah

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

Delivering judgment in Jalingo on Friday, Chief Judge Justice Joel Agya found Hassan guilty of culpable homicide not punishable by death. The prison term will start from March 3, 2022, the date of his arrest, and comes without the option of a fine.

Hassan was acquitted of abduction and kidnapping charges. The case, filed on June 20, 2022, by the Office of the Attorney General of Taraba State, accused him of abducting Mustapha, killing him, and burying him in a shallow grave along Dankuturu in Mutum Biyu.

The court noted that the prosecution proved the lesser charge of culpable homicide but failed to establish kidnapping or culpable homicide punishable by death. Defence lawyers had argued that there were gaps in the investigation and no eyewitnesses or weapon were presented.

Justice Agya: “I discharge and acquit the defendant on the first count of kidnapping and abduction. You are convicted on the second count of culpable homicide not punishable by death.”

Reacting to the verdict, Deputy Director of State Prosecution Mrs. Ayiatsipu Johanna called it “insightful and beneficial to legal practice,” while defence counsel Mr. Dahiru Modibbo said he would appeal.

Culpable homicide is a legal term that basically means causing someone’s death by your actions, but without the intent to kill in the way that murder does.

Source: Daily Post