Alleged husband killer, Maryam Sanda, three months pregnant –Lawyer

Counsel to the alleged husband killer, Maryam Sanda, J. B. Daudu, yesterday told an Abuja High Court that his client was three months pregnant for her late husband and that the condition of the prison would be harmful to her. 
Sanda, her mother and two others are standing trial in a twocount charge bothering on murder of her husband.
At the resumed hearing yesterday, while moving an application for bail for his client, Daudu told the court that the application was different from the one the court dismissed on December 14, as fresh
reasons had been put before the court for the court to exercise its discretion in releasing the defendant on bail.

The counsel said he had not found any court ruling where a pregnant woman was incarcerated when standing trial even for capital offences.
Responding, the police prosecutor, CSP James Idachaba, said he did not think the fact that Sanda was pregnant fell under the exceptional condition envisaged by S161 of the Administration of Criminal Justice Act (ACJA), 2015. “This is a matter of law; we cannot allow personal emotions to come into play.

The facts placed before the court is not sufficient for the court to exercise its discretion,” he said while urging the court to dismiss the application. The trial judge, Justice Yusuf Halilu, however, fixed ruling for tomorrow.

But Halilu ordered the prosecution to commence with its first witness. However, Daudu raised another observation on the mode of commencing the case. He noted that the matter ought to have been commenced by a Police First Information Report (FIR) and not a charge, according to the Penal Code.

He added that the matter also ought to have been sent to the Director of Public Prosecution (DPP) for advice as provided for by Section 105(2) of the ACJA.
Idachaba, however, said it was too late in the day for the defence counsel to raise issues of objection on the manner the case was commenced since pleas had already been taken, adding that Section 221 of the ACJA provided that, “Objections shall not be taken or entertained during proceeding or trial on the ground of an imperfect or erroneous charge.”
The judge adjourned the matter to February 7 for definite hearing.
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