AN Abuja High Court, has  admitted one Mrs Hadiza Abutu, who is facing culpable homicide charge for allegedly killing her husband, Ibrahim Abutu, by gun, for taking another wife, even without filing a bail application.

The trial judge, Justice Abubakar Talba, admitted Hadiza, who was crying and sobbing in the dock, to  bail in the sum of N1 million, with a surety in the like sum.

The police prosecutor, Umoh Inah had in a matter slated for mention, moved an ex-parte application asking the court to take cognizance of the case and remand the accused in prison custody pending when the police would have concluded investigation into the matter.

In the 10-paragraph affidavit and written address attached in support of the ex-parte application, the police said “the case before the court is a culpable homicide contrary to section 221 of the penal code. The police are making effort to complete their investigation and arraign the suspect in appropriate court. The evidence before the police points to the facts that the accused committed the offence”.

The police averred that the court had the inherent powers to grant the application, in line with section 129 (1)(2) of the Criminal Procedure Code (CPC), as well as empowering the court to take cognisance and remand the accused in prison custody pending conclusion of police investigation.

While ruling on the exparte motion, Justice Talba said “in view of the evidence before me I hereby take cognizance of this matter but decline to grant the prayer to remand the accused, but admit her to bail for N1million, with one reliable surety, who must be resident within the jurisdiction of this court.

"The case is hereby adjourned to February 7, 2012 for hearing”.

 However, Umoh told journalists outside the court that “this is not a bailable offence even if there had been bail application moved by the defendant because it is a murder charge. But since the trial judge appeared to have made up his mind, there is nothing the police can do in this circumstance”.

One of the counsel to Hadiza, Kamin Asunogie countered saying “the court ordinarily frowns at holding charge which was what the police that had held the accused in its custody for weeks brought before the court. The court is at the liberty to admit the accused to bail based on the evidence before it. Besides, section 129 (3) of the Criminal Procedure Code draws the attention of the court to section 45 of the CPC which empowers the court in this circumstance to grant the accused bail”.