A Makurdi High Court Judge, Justice T.A Kume on (*5*), sentenced 5 men to death by hanging culpable homicide.
The men, Terna Zwave, Jonathan Gbajime, John Bur, Gabriel Ianna and Kwaghgba Zaki who lived at Anchoha Village, Gwer-East Local Government Area of Benue had been charged earlier than a Makurdi Magistrates’ Court in 2021.
They had been charged with prison conspiracy, prison trespass, mischief and culpable homicide punishable underneath sections 97, 349, 329 and 222 of the penal code legal guidelines of Benue, 2004.
The prosecution stated on Oct 5, 2021, the men conspired, trespassed on a land belonging to one Oliver Jato and minimize down bushes so as to make charcoal.
Prosecution stated the defendants had been then confronted by Abraham Hwange, Peter Agber and the deceased which resulted in a violent scuffle.
He stated within the convicts beat Biija to death.
The case was finally transferred to the High Court by authorized recommendation.
When the case got here up, the primary defendant, Zwave pleaded responsible whereas all others pleaded not responsible.
The defendants testified for themselves with out calling any witness whereas prosecution known as seven witnesses to show its case.
Prosecution counsel, R.B.N Amenger in his remaining written handle submitted that the remainder defendants plea of not responsible was solely a mere denial.
Mr Amenger argued that the defendants had fully failed to elevate a defence as to the fee of all of the offences established however relatively dwell on mere denials and technicalities which he stated weren’t materials or deadly to the case of the prosecution.
Defence counsel, D.U Liam in his remaining written addresses stated that the prosecution had not proved its case past cheap doubt to warrant sentence of the defendants.
However, the trial Justice dominated that prosecution had proved its case past all cheap doubts, saying that denying fee of offence didn’t quantity to not committing it.
Kume stated the burden of show rests on the protection counsel which he failed to obtain.
Kume stated he had heard the plea for mercy by the defendants and the assertion by their counsel wherein the Lord’s prayers was contained within the phrases.
He said that the regulation for which he was sure to apply within the case didn’t have the grace contained within the Lord’s prayer.
He subsequently, sentenced them to death by hanging on the 4 counts cost.
NAN
