June 21, 2009

Jigawa court refuses plea for DNA test

By Aliyu Dangida

DUTSE — Jigawa state Magistrate Court sitting in Dutse, last week, turned down an application seeking for a court order to conduct a DNA test on Mallam Sani Maje, who was accused for impregnating his sister in-law.

Delivering the judgment, Magistrate Mustapha Tijjani said, “Although sections 130 and 127 of the criminal proceeding code of Jigawa State have empowered the prosecution counsel to seek for further investigation, close the case and/or reopen it, this honourable court lacks jurisdiction to grant the application to enable the prosecution counsel conduct DNA test on the accused per.”

Magistrate Tijjani further stated that, “Based on lack of power under the law to order for the test on the accused person, the court could not grant the application and therefore considered the application to be out of door of this matter”.

Earlier in his written document presented to the court, the prosecution counsel, Corporal Danladi requested for a court order to take the blood of the accused person for DNA test, saying failure to present himself for the test, the accused person is proving that, he is hiding something important that could help the court arrived at a just and fair judgement.