Kano State High Court Discharge Hamisu Yusuf For The Offence Of Rape
Hamisu was arrested in the year 2013 and arraigned before High Court 5 Kano in Charge No. K/104c/2013 for the offence of Rape. The presiding judge (Justice Tani as she then was) took all prosecution and defence witnesses in the case. At the eve of prosecution and defence Counsels filing their addresses, the Judge was elevated to the Court of Appeal. The case was abandoned for 2 years.
In the year 2017, the case was reassigned to High Court 12 Kano, where in the case commenced de-novo and the plea of the defendant was taken upon arraignment in the year 2018.
The new presiding Judge was nominated for a special assignment in 2018 as a member of the election petition tribunal which led to a little delay in the commencement of trial.
The first prosecution witness (IPO) testified in the year 2019 and sought to tender the statement of the defendant, which the counsel to the defendant ( Imam Mohammed Hasiya, a Principal Legal Aid Officer) objected to on the ground of involuntriness in obtaining the statement of the defendant by the I.P.O and the Court ordered for a trial within a trial, consequent upon which the statement was rejected as an exhibit before the court.
After series of adjournment at the instance of the prosecution, their case was closed and Counsel to the defendant (Imam Mohammed Hasiya) of the Legal Aid Council filed a no case submission on behalf of the defendant.
The no case submission was upheld by the court and the defendant was discharged on the 17th of February, 2021.