A mild drama unfolded at the Kebbi State High Court II, Birnin Kebbi, when a Police Investigation Officer (IPO), Sgt. Balarabe Muhammad, admitted to having memory lapses during cross-examination.
The case involved one Hussaini Bagudu, who is standing trial for attempted armed robbery and causing grievous hurt, punishable under sections 285, 284 sub-2B, and 286 of the Kebbi State Panel Code Law 2021.
The trial was presided over by Honourable Justice Nusirat Ibrahim Umar. During the proceedings, the prosecution counsel, Barrister Mary Antak, called Sgt. Balarabe Muhammad, the IPO, to testify as a witness.
Before the IPO took the stand, the prosecution counsel invited the court to invoke section 39 sub-1 of the Evidence Act, as the complainant was unable to appear in court.
However, the IPO was cross-examined by the defence counsel, Barrister Nura Bello. During the cross-examination, the investigating officer admitted that he could not recall certain details related to the statement he obtained from the complainant.
When asked if he recorded the complainant’s statement alone, Muhammad replied, “I can’t recall.”
Pressed further by the defence counsel, he said, “I am the one who obtained the statement, but you know people have short and long-term memory of thinking.”
He added, “That’s why I can’t recall whether it was only me and him when I recorded the complainant’s statement.”
Following his testimony, the prosecution closed its case. The defence counsel however applied for an adjournment to enable the defendant to open his defence.
Hon. Justice Nusirat Ibrahim Umar granted the application and adjourned the matter until November 5, 2025, for continuation of hearing.`
