It has been over two years since Abdulmalik Tanko, the owner of Nobel Kids Academy, was sentenced to death for the kidnapping and murder of his five-year-old student, Hanifa Abubakar.
Despite initial relief following the verdict, there is growing concern about the delay in enforcing the judgment.
Years later, the family felt that justice would not have been fully served if Tanko's death sentence had not been fully carried out.
Tanko confessed to killing Hanifa with rat poison on December 18, 2021. He was sentenced to death by hanging on July 28, 2022, along with his accomplice Hashim Isyaku.
But despite former governor Abdullahi Ganduje's announcement that he would sign the death warrant, the convicts in Kano prison are still alive and well fed.
Hanifa's uncle, Suraj Suleiman, is concerned about the delay in justice and describes the memory of the incident as cruel.
Suleiman said: “Our demand is justice! Nothing but justice! Not only in the Hanifa case, but in all cases that have been brought to court.”
The Nigerian Correctional Service (NCS) confirmed that Tanko was being detained in one of its facilities, but state spokesman Musbahu Lawan did not disclose the exact prison for security reasons.
“Tanko is here in Kano and we are treating him as the law allows any prisoner in our detention facilities,” Lawan said.
Lawan says the NCS is ready to carry out the sentence if it is accepted, but points out that there are more than 110 prisoners on death row in Kano and this means a delay in justice, which leads to increased prison congestion.
He reiterated: “Whenever the execution order is signed, it is our duty to execute that order.”
A provision in the amended NCS Act allows the state's chief justice to commute a death sentence to life imprisonment if a prisoner has exhausted all appeals and has spent at least ten years on death row.
Lawan explains that this could also apply to Tanko and others if the state government does not take decisive action.
Recently, a high court in Kano sentenced Chinese citizen Frank Geng-Quangrong and five members of a vigilante group to death by hanging for murder.
Geng-Quangrong stabbed his Nigerian girlfriend Ummukulsum Sani to death in her apartment in Janbulo area, Kumbotso LGA in Kano on September 16, 2022.
Similarly, five members of the vigilante group were to be hanged for the extrajudicial killing of 17-year-old Ahmed Musa in Sabon Titi, Panshekara, Kumbotso LGA on January 22, 2022.
In May 2024, during an event marking International Children's Day, incumbent Governor Abba Yusuf vowed to ensure the execution of these convicts to act as a deterrent.
But despite all the political assurances, there are also concerns that the situation in Hanifa's case could be a sign of leniency or weakness on the part of the government.
Shehu Abdullahi, Kano Coordinator of the National Human Rights Commission (NHRC), for his part, condemned the lack of willpower of the executive to prosecute such cases.
Abdullahi noted: “From the point of view of the National Human Rights Commission, this is an injustice because if someone has done something and deserves death, the sentence should definitely be carried out.
“The problem lies solely with the executive branch, because it is the executive branch that signs the death sentence contained in the verdict.”
When contacted, the state Commissioner for Justice, Bar. Haruna Isa Dederi, through his spokesman, Aminu Bello, said Tanko had appealed against his conviction.
Dederi makes it clear that enforcement can only take place after the decision on the objection has been made, which also applies to other cases. Despite several inquiries, he only responded via WhatsApp, without providing any further details.
His WhatsApp message read: “Good morning and afternoon my colleague, how are you and how are you coping with the situation? Sorry for the delay.”
“Tanko has appealed against his conviction. The execution can only take place after the appeal has been decided. It is the same with the other cases. Thank you. Period.”
However, Bar. Bilkisu Ibrahim Suleiman, Chair of the International Federation of Women Lawyers (FIDA), explains the legal process that a convicted criminal must go through.
According to her, “a convicted offender has a period of three months to appeal to the Court of Appeal, followed by a period of one month to appeal to the Supreme Court.”
While Hanifa's family and other concerned Nigerians are curious about any news on Tanko's alleged appeal, they seem to be keen to hear more details, such as when and where exactly Tanko's appeal took place and what the current status of the appeals process is (if any).
They hope that the state government will address these questions openly and demand answers as soon as possible.