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El-Rufai Vs Shi’ites: No Evidence To Show Our Clients Committed Offence – Defence ; We Have enough evidence – Prosecution

While the defence counsel in the suit filed by the Kaduna State Government against the Islamic Movement in Nigeria (IMN) popularly known as Shi’ites, expressed doubts that evidence has been tendered in court to link their clients with murder of Corporal Dan Kaduna, the prosecution thinks otherwise.

This followed the continuation of hearing in the matter before Justice Gwadah in the Kaduna State High Court 9 on Monday.

Counsel to the defendants, led by Barrister Maxwell Kyon in an interview outside the court after cross examining PW 26 said that so far, no evidence tendered has proved that their clients committed the offence.

“What we did today was quite simple. What we sought to show the court was that the medical doctor who was brought in as PW 26 was not there when the victim, Corporal Dan Kaduna died, he only met a corpse.

“Up till now, no evidence has been brought before the court to show any offence at all was committee by our clients, not to talk of culpable homicide punishable with death,” he said.

In a separate interview, Kaduna State Director Public Prosecution, Bayero Dari said that enough evidence has been tendered.

“I have tendered enough evidence to link the accused to the crime. You heard the Army doctor when he testified,” he said.

Earlier in court during the cross examination of PW 26, Col. Godwin Ayuba, Kyon had applied for Exhibit 57 to be handed to the Colonel, who was introduced as a Medical Doctor, and asked him to show where the person that killed corporal Dan Kaduna was mentioned in it.

Colonel Ayuba after going through the exhibit, said that there are a group of people mentioned, with no particular name written down.

Kyon then asked him to turn to page two of the exhibit 57 and read the second paragraph.

PW 26 said that the corpse was brought in dead to 44 Army hospital on account of gunshot wound in partial stage of decomposition.

“I was not in the hospital when the corpse was brought in on 13th December 2015,” he said.

The defence counsel then asked him if the statement he made suggesting the corpse was brought in was told him by someone, but he said that: “No it was documented”.

He was further asked by the defence counsel if he was there when Corporal Dan Kaduna was killed.

” On the closing part, you said it appeared he was shot during the clash between the Shi’ites and the Soldiers. Where you there when it happened?” Kyon asked.

His response was in the negative, promoting yet another question.

“This information was simply given to you, you were not there. At the time you first interacted with Corporal Dan Kaduna he was already dead. When did you first interact with Corporal Dan Kaduna?

Colonel Ayuba replied: “21st December 2015”

Kyon then asked, “Apart from carrying out actual investigation into cause of death you didn’t do any other thing?”

The PW 26 then answered in the affirmative.

When asked by Justice Gwadah if he had any cross examination, the Director Public Prosecution, jokingly teases the defence counsel that he was thinking their cross examination would take the whole day, before saying that he didn’t have any cross examination.

He informed the court that the Kaduna State Ministry of Justice was bereaved.

“One of our directors died two days ago, Ja’afaru Saidu, we are going for a management meeting to make arrangements. I will like us to take a date,”

Defence counsel said he was aware and has no objections to the appeal for adjournment of proceedings.

” I am aware of the situation and have no objection to his plea,” he said.

The justice then discharged the witness and adjourned the case to July 12, 2018.

“Case adjourned to July 12, 2018 for continuation of hearing. Those on bail should continue while those not on bail should remain in prison custody,” she said.

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