Musa Lawan, the Kano State Attorney-General and Commissioner for Justice, confirmed on Thursday that the national headquarters of the Legal Aid Council of Nigeria had expressed willingness to provide legal representation for Abdulmalik Tanko, the prime suspect in the murder of a five-year-old pupil, Hanifa Abubakar, and two accomplices, rather than the Kano State Government.
Lawan made the revelation while clarifying Justice Usman Naabba of the Kano State High Court’s judgment on February 5 that the state was to provide counsel for him and the two other defendants in response to their request for legal representation.
He emphasized that everybody facing culpable homicide charges should be provided with a lawyer.
According to him, if the suspect does not have a lawyer and is unable to furnish one, the constitution requires the state to supply one.
He said that the Legal Aid Council of Nigeria was a Federal Government organization whose principal mission was to provide free legal services to any Nigerian without a lawyer in a culpable homicide case that could result in the death penalty.
“It’s a legal obligation that a person facing the death penalty not be tried until he has legal representation,” Lawan explained.
He emphasized that everybody facing culpable homicide charges should be provided with a lawyer.
According to him, if the suspect does not have a lawyer and is unable to furnish one, the constitution requires the state to supply one.
He said that the Legal Aid Council of Nigeria was a Federal Government organization whose principal mission was to provide free legal services to any Nigerian without a lawyer in a culpable homicide case that could result in the death penalty.
“It’s a legal obligation that a person facing the death penalty not be tried until he has legal representation,” Lawan explained.
“We brought the three of them to court on February 5 for arraignment but failed because they were not represented by a lawyer.
“Our legal system is ever ready to prosecute Abdulmalik Tanko and the two other defendants, as we have overwhelming evidence against them, but we cannot go on; if we try and secure a conviction against them without their lawyer, certainly the judgment will be null and void if it goes on appeal.
“The Kano State Government will not fold its arms because he (Tanko) do
The commissioner went on to say that it was not only about the state, but also about people’ access to legal counsel in culpable homicide situations.
According to him, Kano State prosecuted and obtained the death penalty by hanging against one Yahaya Sharif, a 30-year-old man who accepted his crime, in 2020.
“However, when he later appealed against the Upper Sharia Court’s judgment, the appellate court, after analyzing the case, ordered a retrial,” Lawan continued.
“In this case of Hanifa, we don’t want to find ourselves in such a situation as people will not be happy, considering the gravity of the offence.”
He did, however, assure that the state was resolved to conduct a trial that would stand the test of appeal, even if it meant going all the way to the Supreme Court.
esn’t have a lawyer; we have already communicated with the national headquarters of the Legal Aid Council of Nigeria and they expressed interest to represent the suspects to avoid any delay in this case.”