Billyaminu, the son of a former Peoples Democratic Party (PDP) Chairman, Mr. Haliru Bello, was allegedly murdered by his wife on November 19, 2017.
Others facing trial alongside Maryam are her mother, Maimuna Aliyu, her brother, Aliyu Sanda, and her housemaid, Sadiya Aminu.
The other three were also accused of conspiracy in aiding Maryam in carrying out the alleged murder of Bilyaminu.
The prosecution counsel, James Idachaba, however, opposed the application for dismissal of the charge.
Arguing the application for dismissal, defence counsel, J. B. Daudu SAN, submitted that the prosecution did not follow the right process before filling the charge.
He further argued that the matter should have been transmitted to the Attorney General immediately the police finished their investigation.
In addition, Daudu submitted that the police do not have the power to prosecute such murder case and that the power was only vested with the Attorney General of the Federation.
Daudu also submitted that there is an application in reference to that and urged the court to dismiss the entire charge against the defendants.
The lawyer cited Sections 359(1)(2) and 376 of the Administration of Criminal Justice Act (ACJA).
He said: “The originating process is defective; the prosecution did not follow the normal procedure before it filed the matter, the prosecution has denied the intervention of the Attorney-General in this matter.
“There are steps that ought to be taken before the prosecution could institute the charge in the court, which is not done.”
Opposing the application, Idachaba urged the court to disregard and dismiss the application.
He said: “We are in total opposition of the application to dismiss the charge against the defendants, we have filed a 22-paragraph affidavit, the application by the defence counsel to dismiss the charge against the defendants should be dismantled.
“The submission that the charge against the defendants is incompetent is totally misconceived.
The defence counsel had done so many things since the beginning of the case to displease that position of his prayer.
Plea had already been taken, we urged the court to dismiss that relief and refuse the grant of the prayers.”
Meanwhile, trial could not proceed yesterday due to the absence of prosecution witness.
The trial judge, Justice Yusuf Halilu, later adjourned till April 19 and 20 for continuation of trial.
Earlier, Idachaba had told the court that the prosecution came to the court with two witnesses.
Finally, he later told the court that he could no longer see the witness he wanted to start with.
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