| Court: High Court of Justice of Kaduna state | | | | that “the applicant had denied the allegation and |
| Suit No. KDH/KAD/130M/2009 | | | | that she’s been detained for about 7 months |
| SAFARATU JOSEPH and COMMISSIONER OF POLICE | | | | and the non production of proof evidence by the |
| Judge: Hon. Justice M.T.M Aliyu | | | | prosecution show special circumstances when no |
| Slug: A mother dumps her baby in the latrine | | | | charge has been file in court. |
| By: Victor Ulasi, Kaduna | | | | The fact contained in the F.I.R alleged that one Bitrus |
| The High Court of Justice of Kaduna state has ruled | | | | John of Zokonko Kudanda Village on 05/09.2008 |
| over a case of a mother who dumps a newly born | | | | reported that he, on the same date discovered a |
| baby into her neighbors latrine immediately after | | | | baby boy inside his pit latrine. While the applicant who |
| given birth to him, the case was between Safaratu | | | | was Bitrus John’s neighbor confessed that, she |
| Joseph who is the applicant and Commissioner of | | | | dumped the baby alive after she gave birth to him. |
| Police the respondent. | | | | The Judge Hon. Justice M.T.M Aliyu who explained |
| The applicant who was arrested by officer of the | | | | that the applicant did not state where the body of |
| respondent on 9th September, 2008 and has been in | | | | the baby was found which in his opinion is significant |
| detention since then at various police cells and at the | | | | to determine the strength or weakness of the |
| Federal prison of Kaduna where presently she’s | | | | prosecutions’ evidence. The offence is punishable |
| being detained, has applied for bail pending the | | | | with death under Section 221 of the Penal Code. |
| determination of her case by the court. | | | | However, the Judge refused to the application for |
| As applicant in prison custody her the Lawler of the | | | | bail and stating that applicant may re-apply if in the |
| applicant O.C Samuel has app filled for her bail stating | | | | next 30 days the respondents have not filled a |
| that in the Learned Counsel of the applicant stated | | | | charge against here. |