Her husband alleges that she killed the baby in blind rage after an argument with her co-wife, the infant's mother.
On September 9, 2018, Kabiru Labbo of Danauta village, Mariga Local Government, Niger State, reported his 20-year old housewife, Zulai Kabiruat to Bangi Divisional Police station for killing her 8-month stepdaughter — from another one of his wives.
Labbo, her husband told the Police station that Kabiruat fed the baby a locally made rat poison, popularly known as Ota Pia Pia and it led to her death. He also alleged that it was a revenge ploy by Kabiruat who had an earlier argument with the infant’s mother.
After the report, she was arrested and Kabiruat has now been arraigned before a Magistrate’s Court in Minna, on one charge of culpable homicide, filed under Section 221 of the Penal Code.
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Her plea has however, not been taken — a Magistrate Court has no jurisdiction to try an offender, charged for the offence of culpable homicide under the Penal Code.
The Court can also not adequately punish when maximum sentence is required if the accused is eventually convicted, the sitting Magistrate, Ramatu Adamu noted.
Thus, her case might yet be transferred to a higher court of record, which can administer all required punishments and entertain the matter as permitted by Law — the penal code. Jurisdiction is fundamental to any court proceeding.
Police prosecutor, Mr. Emmanuel Ogiri told the court the accused was arrested upon complaint from her husband. The matter has since been adjourned till November 6, 2018, for further mention.
The court however ordered Kabiruat be remanded in prison till all the legal issues are settled, so her case can be set for hearing.
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