MARYAM SANDA APPEALS DEATH PENALTY

 Maryam Sanda, is the woman who was found guilty of stabbing her husband to death,she asked the court of appeal in Abuja to set aside the death sentence pronounced on her. A two count homicide charge was brought by the Nigerian police against Ms Sanda in November 2017.

Maryam's husband Bilyaminu Bello, was the son of  Haliru Bello, Former National Chairman of The People's Party[PDP]. However in Ms Sanda's appeal she said, Mr Halilu has denied her fair hearing.

She said;

"The trial judge erred in law when having taken argument on her preliminary objection to the validity of the charge on the 19th of March, 2018 failed to rule on it at the conclusion of the trial or at any other time.

"The trial judge exhibited bias against the defendant in not ruling one way or the other on the said motion challenging his jurisdiction to entertain the charge, therefore fundamentally breached the right to a fair hearing of the defendant".

According to Justice Halilu "I wish to state that i have a duty thrust upon me to investigate and discover what will satisfy the interest and demands of Justice.

"The trail judge fall to restrict himself to the evidence adduced before the court.

"Sanda said; "The duty of investigation is the constitutional preserve of the police, the constitutional duty of a trial court is to asses the credible evidence before it and reach a decision based on it's assessment".

"The court's usurpation of the duty of the police by taking it upon itself to investigate and discover, negatively colored it's assessment of the available evidence and resulted in it reaching an unjust decision contrary to the evidence before it".

"The trial judge erred in law and misdirected himself on the facts when he applied the doctrine of last seen and held that the appellant was the person last seen with the deceased, and thereby occasioned a marriage of justice said the appellant".

"Sanda there is no evidence before the trial judge that the defendant was the last person who saw the deceased alive  since prosecution witness in his evidence before the judge stated that he was called by the deceased, he saw the deceased and asked the deceased what was the problem.

"The circumstances evidence which the trial court was relied upon in its application of the last seen doctrine does not lead to the conclusion that the defendant is responsible for the death of the deceased".