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Maryam Sanda, the woman who killed her husband last year, organized
a birthday party for her daughter one day after she
was granted bail by a High Court in the Federal Capital
Territory. Maryam was sent to prison after she stabbed her husband
Bilyamin Bello to death last November. She was granted bail on
Wednesday, March 7 based on medical reports which indicate she
is pregnant and ill. The day after she got home from prison,
she organized a birthday party for her 1-year-old daughter, Alisha.
Sources say the party held at her mother’s residence on
Thursday and was attended by close family members.
According to Sani
Amman, I did’t want to say anything about Maryam
Sanda’s saga again. But comments on social media about her bail and
the birthday party she organized for her daughter have forced me to
write he said.
Amman, I did’t want to say anything about Maryam
Sanda’s saga again. But comments on social media about her bail and
the birthday party she organized for her daughter have forced me to
write he said.
It will please you to know that, the 1999
Constitution of the Federal Republic of Nigeria as amended 2011
(the Constitution) is the highest law in Nigeria. It is the
fountain head from where other laws draw their validity.
Constitution of the Federal Republic of Nigeria as amended 2011
(the Constitution) is the highest law in Nigeria. It is the
fountain head from where other laws draw their validity.
Section 1(1) of the Constitution states, “This
Constitution is supreme and its provisions shall have binding force
on the authorities and persons throughout the Federal Republic of
Nigeria.”
Constitution is supreme and its provisions shall have binding force
on the authorities and persons throughout the Federal Republic of
Nigeria.”
Because the Constitution is the highest law in the
country, any law that contradicts the Constitution automatically
becomes invalid. This is written in Section 1 (3) of the
Constitution,
country, any law that contradicts the Constitution automatically
becomes invalid. This is written in Section 1 (3) of the
Constitution,
“If any other law is inconsistent with the
provisions of this Constitution, this Constitution shall prevail,
and that other law shall, to the extent of the inconsistency, be
void”
provisions of this Constitution, this Constitution shall prevail,
and that other law shall, to the extent of the inconsistency, be
void”
The phrase ‘any other law’ in the sub-section means
ANY OTHER LAW you can think of. Any law that is inconsistent with
the provisions of the Constitution is null and void to the extent
of its inconsistency.
ANY OTHER LAW you can think of. Any law that is inconsistent with
the provisions of the Constitution is null and void to the extent
of its inconsistency.
What the Constitution is saying under section 1(3)
is simple: the Constitution is above what you think or
believe.
is simple: the Constitution is above what you think or
believe.
Now that we settle this. I would like to invite you
to a particular section.
to a particular section.
Section 36(5) of the 1999 Constitution
states,
states,
“Every person who is charged with a criminal
offence shall be presumed to be innocent until he is proved
guilty.”
offence shall be presumed to be innocent until he is proved
guilty.”
I cannot say what happened between Maryam Sanda and
her husband. I was not there. May be she did it. May be she did not
do it. Who knows? That is beside the point. Whatever may be the
case, she is innocent until proved guilty.
her husband. I was not there. May be she did it. May be she did not
do it. Who knows? That is beside the point. Whatever may be the
case, she is innocent until proved guilty.
Section 36(5) of the Constitution is a
reverse version of the Napoleonic Code.
reverse version of the Napoleonic Code.
Under the Napoleonic Code, “Every person who is
charged with a criminal offence is presumed guilty until he proved
his innocence.”
charged with a criminal offence is presumed guilty until he proved
his innocence.”
Take this from me, if every person who is charged
with an offence is expected to proof his innocence, there will be
very few innocent persons in the world. This is the main reason why
the English Common Law reversed it.
with an offence is expected to proof his innocence, there will be
very few innocent persons in the world. This is the main reason why
the English Common Law reversed it.
It is very sad and highly unfortunate that our
society still holds on to Napoleonic Code of Presumption of Guilt.
At any rate, the law is the law. It does not matter how one feels
or what one believes. Maryam Sanda is still innocent until proved
guilty by the prosecution, not social media lawyers.
society still holds on to Napoleonic Code of Presumption of Guilt.
At any rate, the law is the law. It does not matter how one feels
or what one believes. Maryam Sanda is still innocent until proved
guilty by the prosecution, not social media lawyers.
By Section 341(1)&(3) of the Criminal
Procedure Code, a person charged with a capital offence can be
admitted to bail where there are special circumstances. And above
all, bail is a discretionary power of the court which ought to be
exercised judiciously and judicially.
Procedure Code, a person charged with a capital offence can be
admitted to bail where there are special circumstances. And above
all, bail is a discretionary power of the court which ought to be
exercised judiciously and judicially.
In Maryam Sanda’s case, she is pregnant and
unhealthy. Whether pregnancy and ill-health are enough grounds to
grant her bail or not, it is the court that will decide that. In
the instant case it decided they are.
unhealthy. Whether pregnancy and ill-health are enough grounds to
grant her bail or not, it is the court that will decide that. In
the instant case it decided they are.
The question here is, is it wrong for an
innocent person to organize a birthday party for her child? If
others can do it, why can’t she?
innocent person to organize a birthday party for her child? If
others can do it, why can’t she?
Maryam Sanda can do whatever pleases her to do
provided that she does not violate the terms and conditions of her
bail.
provided that she does not violate the terms and conditions of her
bail.
Sani Ammani Esq. is a Kano based legal
practitioner.
practitioner.
Maryam Sanda, the woman who killed her husband last year, organized
a birthday party for her daughter one day after she
was granted bail by a High Court in the Federal Capital
Territory.
Maryam was sent to prison after she stabbed her husband Bilyamin
Bello to death last November. She was granted bail on Wednesday,
March 7 based on medical reports which indicate she is
pregnant and ill. The day after she got home from prison, she
organized a birthday party for her 1-year-old daughter, Alisha.
Sources say the party held at her mother’s residence on
Thursday and was attended by close family members.
According to Sani
Amman, I did’t want to say anything about Maryam
Sanda’s saga again. But comments on social media about her bail and
the birthday party she organized for her daughter have forced me to
write he said.
Amman, I did’t want to say anything about Maryam
Sanda’s saga again. But comments on social media about her bail and
the birthday party she organized for her daughter have forced me to
write he said.
It will please you to know that, the 1999
Constitution of the Federal Republic of Nigeria as amended 2011
(the Constitution) is the highest law in Nigeria. It is the
fountain head from where other laws draw their validity.
Constitution of the Federal Republic of Nigeria as amended 2011
(the Constitution) is the highest law in Nigeria. It is the
fountain head from where other laws draw their validity.
Section 1(1) of the Constitution states, “This
Constitution is supreme and its provisions shall have binding force
on the authorities and persons throughout the Federal Republic of
Nigeria.”
Constitution is supreme and its provisions shall have binding force
on the authorities and persons throughout the Federal Republic of
Nigeria.”
Because the Constitution is the highest law in the
country, any law that contradicts the Constitution automatically
becomes invalid. This is written in Section 1 (3) of the
Constitution,
country, any law that contradicts the Constitution automatically
becomes invalid. This is written in Section 1 (3) of the
Constitution,
“If any other law is inconsistent with the
provisions of this Constitution, this Constitution shall prevail,
and that other law shall, to the extent of the inconsistency, be
void”
provisions of this Constitution, this Constitution shall prevail,
and that other law shall, to the extent of the inconsistency, be
void”
The phrase ‘any other law’ in the sub-section means
ANY OTHER LAW you can think of. Any law that is inconsistent with
the provisions of the Constitution is null and void to the extent
of its inconsistency.
ANY OTHER LAW you can think of. Any law that is inconsistent with
the provisions of the Constitution is null and void to the extent
of its inconsistency.
What the Constitution is saying under section 1(3)
is simple: the Constitution is above what you think or
believe.
is simple: the Constitution is above what you think or
believe.
Now that we settle this. I would like to invite you
to a particular section.
to a particular section.
Section 36(5) of the 1999 Constitution
states,
states,
“Every person who is charged with a criminal
offence shall be presumed to be innocent until he is proved
guilty.”
offence shall be presumed to be innocent until he is proved
guilty.”
I cannot say what happened between Maryam Sanda and
her husband. I was not there. May be she did it. May be she did not
do it. Who knows? That is beside the point. Whatever may be the
case, she is innocent until proved guilty.
her husband. I was not there. May be she did it. May be she did not
do it. Who knows? That is beside the point. Whatever may be the
case, she is innocent until proved guilty.
Section 36(5) of the Constitution is a
reverse version of the Napoleonic Code.
reverse version of the Napoleonic Code.
Under the Napoleonic Code, “Every person who is
charged with a criminal offence is presumed guilty until he proved
his innocence.”
charged with a criminal offence is presumed guilty until he proved
his innocence.”
Take this from me, if every person who is charged
with an offence is expected to proof his innocence, there will be
very few innocent persons in the world. This is the main reason why
the English Common Law reversed it.
with an offence is expected to proof his innocence, there will be
very few innocent persons in the world. This is the main reason why
the English Common Law reversed it.
It is very sad and highly unfortunate that our
society still holds on to Napoleonic Code of Presumption of Guilt.
At any rate, the law is the law. It does not matter how one feels
or what one believes. Maryam Sanda is still innocent until proved
guilty by the prosecution, not social media lawyers.
society still holds on to Napoleonic Code of Presumption of Guilt.
At any rate, the law is the law. It does not matter how one feels
or what one believes. Maryam Sanda is still innocent until proved
guilty by the prosecution, not social media lawyers.
By Section 341(1)&(3) of the Criminal
Procedure Code, a person charged with a capital offence can be
admitted to bail where there are special circumstances. And above
all, bail is a discretionary power of the court which ought to be
exercised judiciously and judicially.
Procedure Code, a person charged with a capital offence can be
admitted to bail where there are special circumstances. And above
all, bail is a discretionary power of the court which ought to be
exercised judiciously and judicially.
In Maryam Sanda’s case, she is pregnant and
unhealthy. Whether pregnancy and ill-health are enough grounds to
grant her bail or not, it is the court that will decide that. In
the instant case it decided they are.
unhealthy. Whether pregnancy and ill-health are enough grounds to
grant her bail or not, it is the court that will decide that. In
the instant case it decided they are.
The question here is, is it wrong for an
innocent person to organize a birthday party for her child? If
others can do it, why can’t she?
innocent person to organize a birthday party for her child? If
others can do it, why can’t she?
Maryam Sanda can do whatever pleases her to do
provided that she does not violate the terms and conditions of her
bail.
provided that she does not violate the terms and conditions of her
bail.
Sani Ammani Esq. is a Kano based legal
practitioner.
practitioner.
Read more https://nairalaw.com/maryam-sandas-bail-the-law-and-her-daughters-birthday-sani-ammani/