Connect with us

Politics

Court sentences welder to death by hanging for stabbing carpenter to death in Kogi

Published

on

A division of the High Court of Justice of Kogi State sitting in Lokoja has sentenced one Muritala Dare, a welder to death by hanging for stabbing a carpenter to death with a broken bottle.

Murtala Dare and late Lukman Karim were friends and their shops are located in the same area in Lokoja, Kogi State.

Hon. Justice Josiah J. Majebi who presides over High Court 2, Lokoja, found the defendant guilty after considering his involvement in an incident that occurred on 16th August, 2021 around the NUJ area of the Lokoja metropolis.

The defendant was charged for the offence of Culpable Homicide punishable with death under Section 221 (a) and (b) of the Kogi State Penal Code just as the charge stated that he “caused the death of one Lukman Karim by doing an act to wit, stabbing him on the neck and hand with a broken bottle with the intention of causing his death and thereby committed an offence.”

To prove that the defendant committed the offence, the prosecutor called three witnesses and tendered seven exhibits which included the defendant’s confessional statement, a Coroners Ordinance (Chapter) Report of Medical Practitioners and a Nigeria Police Post Mortem Examination report dated 19th August, 2020.

While giving evidence, the principal witness who is attached to the Quick Response Unit of the Kogi State Police Command said the condemned defendant was apprehended from his hideout after committing the crime while the deceased who died at the scene of the incident was confirmed dead at the Specialist Hospital, Lokoja where the corpse was later deposited.

Upon examination of the evidence presented before the court and particularly relying on the confessional statement made by the defendant, Justice Majebi averred that “a confession is an admission at any time by a person charged with a crime stating or suggesting that he committed the crime” while noting that “it is well settled that in a criminal trial (that) an issue may be proved by direct evidence (evidence of an eye witness) confession or admission voluntarily made by the Defendant and circumstantial evidence”.

Thus while concluding that the entire case of the prosecution was built on the confessional statement of the Defendant, which though he tried effortlessly to deny during the trial, the statements he made during the course of investigating the matter were adequate to rely upon in passing the judgment according to the Judge.

According to the trial Judge “It is trite law that a valid voluntary statement entered without objection and admitted in evidence is good evidence and no amount of subsequent argument against it or retraction will vitiate its admissibility and potency as a voluntary statement and the mere denial by the Defendant will not be a good reason for rejecting it. It is only desirable to have some evidence of circumstances which make it probable that the confession was truly confessional, as in Exhibit P1 in the instant case” he added.

“I have carefully perused and considered Exhibit P1. It is confessional in nature. I am compelled to consider the legal propriety/status of the said Exhibits P1 & P P6 in view of the fact that their admissibility is being challenged by the Learned Counsel for the Defendant under issue two of his issues for determination and more importantly, that as earlier stated, the entire case by the prosecution herein is built on them particularly Exhibit P1.”

Elaborating further, he said there were sufficient reasons to arrive at the conclusion that the evidence contained in the statements made by the defendant were convincing enough even outside his confessional statement.

“I am of the view that there is sufficient evidence outside the confessional statement of the Defendant to make it probable that the statement is true. Aside from the admission of the defendant that he stabbed the deceased to death with a broken bottle, his averments in Exhibits P6 are materially the same as his averments in Exhibit P1.

Hence, his averments in Exhibits P6 corroborate his averments in Exhibit P1.

In the two Exhibits, the defendant averred that he knew the deceased.

In Exhibits P6, the defendant stated that he worked with the deceased at the same place under high tension, and in Exhibit P1, he stated that he had issues with the deceased after they were sacked from their former shop. That on the 16th day of August, 2020 he had a fight with some persons including the deceased.

While in Exhibit P6, he stated that he removed the broken bottle he had earlier kept in his pocket and stabbed the deceased with it on his neck and left hand leading to his death.”

The court, therefore, held that the stated evidence of circumstances made it possible that the statement made by the defendant and contained in Exhibit P1 was “truly confessional” while noting that for the prosecution to succeed in a charge of Culpable Homicide, under Section 221 (a) of the said Penal Code, it must have the ingredients of the death of a deceased resulting from the act of a Defendant whose act would have been done with the intention to cause death or that the defendant knew or had a reason or know that death would be the probable and not only likely consequence of his act.

He, therefore, concluded that all these essential ingredients were already manifest in the matter and supported by other evidence.

“I have carefully looked and considered Exhibit P1 and I am satisfied that it is direct, positive and admits the essential elements of the offence of Culpable Homicide as stated against the defendant. There is a nexus between the act of the Defendant and the death of the deceased. The fact that the deceased died on the 16th day of August 2020 is not in dispute between the prosecution and the Defence. The substance of the case, established by the evidence adduced is that the deceased was killed by the Defendant.” And there was “no Scintilla of evidence from the Defendant both in Exhibit P1 and his oral evidence to show that the killing of the deceased was in Self-Defence or Provocation” as was canvassed by his counsel.

In conclusion, his lordship found the defendant guilty of the charge of culpable homicide against him and convicted him accordingly.

“Premised on the above findings, I hold that the prosecution has proved all the ingredients of the charge against the Defendant and thereby raising the presumption of guilt against him in respect of the charge.

“That, you, Dare Murtala, is hereby sentenced to death for the offence of culpable homicide for which you are convicted. The sentence of this Court upon you is that you will be hanged by the neck until you be dead and may the Lord have mercy upon your soul,” he pronounced.

YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE

We Have Not Had Water Supply In Months ― Abeokuta Residents

In spite of the huge investment in the water sector by the government and international organisations, water scarcity has grown to become a perennial nightmare for residents of Abeokuta, the Ogun State capital. This report x-rays the lives and experiences of residents in getting clean, potable and affordable water amidst the surge of COVID-19 cases in the state…

Selfies, video calls and Chinese documentaries: The things you’ll meet onboard Lagos-Ibadan train

The Lagos-Ibadan railway was inaugurated recently for a full paid operation by the Nigerian Railway Corporation after about a year of free test-run. Our reporter joined the train to and fro Lagos from Ibadan and tells his experience in this report…

[ICYMI] Lekki Shootings: Why We Lied About Our Presence — General Taiwo

The Lagos State Judicial Panel of Inquiry probing the killings at Lekki Toll Gate, on Saturday resumed viewing of the 24hrs footage of the October 20, 2020 shooting of #EndSARS protesters by personnel of the Nigerian Army…

ICYMI: How We Carried Out The 1993 Nigerian Airways Hijack —Ogunderu

On Monday, October 25, 1993, in the heat of June 12 annulment agitations, four Nigerian youngsters, Richard Ajibola Ogunderu, Kabir Adenuga, Benneth Oluwadaisi and Kenny Razak-Lawal, did the unthinkable! They hijacked an Abuja-bound aircraft, the Nigerian Airways airbus A310, and diverted it to Niger Republic. How did they so it? Excerpts…

ICYMI: What North Will Not Accept About 2023 Presidency —Prof Mahuta, UDU Don And Kebbi Dev Foundation Chairman

Sahabi Danladi Mahuta, a community mobiliser and APC chieftain. Mahuta spoke to select journalists at the sidelines of an Islamic conference in Abuja recently. Excerpts…

Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Local4 mins ago

UK PM Johnson faces resignation pressure

Local26 mins ago

Suspect docked for attempting to escape from court

News28 mins ago

Italian court upholds Robinho’s nine-year rape sentence

News30 mins ago

Ibadan Indigenes to organise free shopping to celebrate cultural festival

Politics32 mins ago

PVC hasn’t expired, INEC tells Tinubu

News38 mins ago

Two plots of land not enough for me and my cars – Pastor David Ibiyeomie

News40 mins ago

We’re not militants, have no camps in Ihiala, IPOB replies Army

Politics42 mins ago

Electoral bill: Senate, House bow to Buhari

Local48 mins ago

Israel evicts Palestinians, destroys homes in East Jerusalem

News1 hour ago

Steer clear of Wabote, Ijaw youths warn mischief-makers

News1 hour ago

Dangote Refinery to Reduce Africa’s Petroleum Importation by 36%, says APPO

News1 hour ago

2023: Women’s group backs Osinbajo, seeks Buhari’s support

Local1 hour ago

Delta NLC ready for January 27 nationwide protest

Politics1 hour ago

Afenifere laments incessant kidnappings on Lagos-Ibadan expressway

News1 hour ago

FirstBank rewards customers in Transact and Win promo

Local2 hours ago

AFCON 2021: Buhari hails Super Eagles

News2 hours ago

Abia APC women protest alleged imposition of leaders

News2 hours ago

Gbagyi community hails el-Rufai for creation of new chiefdom

News2 hours ago

1,400 persons killed by security agents in South-East under 14 months – Report

Politics2 hours ago

Fuel subsidy removal: I will clarify from relevant govt agencies —Lai Mohammed

Politics23 hours ago

APC to decide my presidential ambition ― Ayade

News23 hours ago

Music producer Magix Enga claims he joined illuminati at 23

Entertainment20 hours ago

“Davido is too kind to people” – Bobrisky praises the singer as he shares encounter with him

Local15 hours ago

Court orders ICPC to pay civil servant N10 million damages for malicious prosecution

Politics14 hours ago

Lagos/Ibadan Expressway kidnappings: Evidence govts have failed in their primary duties ― Afenifere

Politics16 hours ago

Lagos acquires new two sets 10-car intra-city metropolitan trains for red line rail project

Entertainment23 hours ago

“Never lose weight to keep a man, it takes a real man to love a fat woman” – Comedian, Lepacious Bose tells plus-size ladies

Politics16 hours ago

Defection: Gov Umahi, deputy know fate March 8

News9 hours ago

Nigeria passengers face hitches as airlines suspend US flights over 5G rollout

News16 hours ago

Pictorial: Sanwo-Olu inspects newly acquired speed trains

Business News16 hours ago

Senate Pass Bill to Establish National Rice Development Council

Sports21 hours ago

Steven Gerrard Is Looking To Reunite With Luis Suarez

Entertainment16 hours ago

Couple arrested for invading their child’s school with thugs to beat teacher

Sports22 hours ago

Barcelona Have Been Offered A Lengthy List Of Players To Sign Either This Month Or In The Summer

Relationship18 hours ago

Suidooster Teasers – February 2022

Business News20 hours ago

Senate Re-amends Electoral Bill, Okays Direct, Indirect, Consensus Primaries

Sports22 hours ago

Newcastle Are Working On A Deal To Sign Jesse Lingard On Loan From Manchester United For The Rest Of The Season

News15 hours ago

German ex-chancellor Merkel turns down UN job

Local21 hours ago

Man in court for not taking care of his girlfriend

Business News21 hours ago

FG to Flood Market With 10 million Gas Cylinders

Trending