1.0 C.O.P V. ISHAQ MUH'D & ORS
1.1 BRIEF STATEMENT OF FACTS:
1.That
Ishaq muh'd was arrested on his way to one junction, holding musical
instruments, police appeared unexpectedly, and surrounded them and some
hard drugs and other substances were forces into his pocket and he was
there and then taken to police station (fada division),and charged to
court for the offence of Public Nuisance and possession of dry leaves
contrary to section 160 and 393 Penal Code Laws of Kaduna State.
2.That
he was however, not allowed to take his plea,the court went ahead and
sentenced him to 2 1/2 (two and half years) imprisonment with an option
of N25,000 fine after he was canned 35 lashes.
1.2 PERSONAL REFLECTIONS:
-That
going by the certificate of birth tendered as part of the exhibit,
shows that Isahaq is just 16yrs which automatically rendered him a
minor,but unfortunately, this issue was not taken into consideration.
-That the police officers uses their powers to upress,torture and even arrest innocent people.
-I
also thing the judgement delivered on the 24/01/2018 in respect of this
matter,thereby sentencing the accused to 2 1/2 years and the option of
fine N25,000 have been reached per incurrium.
-That the
punishment for the offence of which the accused was charged even if
proved, is six(6)month imprisonment ad option of fine of N50,000
respectively. (see S.160 & 393)Penal Code Laws if Kaduna Sate.
-I also believed that the proper court to try Isahq is juvenile court.
-It
is my fervent believed that Ishaq was deprived of his fundamental right
of fair hearing looking at the mode of his conviction.
-I humbly content again that there was a substantial miscarriage of justice.
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