An FCT High Court sitting in Nyanya on Wednesday sentenced a ”peacemaker”, Mohammed Tijani to death by hanging for killing a man who was fighting another in front of his barbershop.
The police charged Tijani , an 18- year old barber on a count -charge of culpable homicide in June 2017.
Delivering judgment, Justice Peter Kekemeke, held that the prosecution had proved its case beyond reasonable doubts.
He held that the confessional statement made by Tijjani to the police established the commission of the offence by the defendant.
Kekemeke held that there is a piece of evidence in the confessional statement which point at the guilt of the defendant.
” The law is that there is no evidence stronger than a person’s own admission of confession.
” There is also the evidence of the PW1 outside the confessional statement which made it possible to believe that the confession is true ” he held.
He held that from the evidence before the court, death of a human being occurred and that the death was caused by the act of the defendant.
Kekemeke held further that Section 221 of the penal code in which the defendant was charged says culpable homicide is not punishable by death if the offender was provoked.
He held also that in that case, the offender lose power of control through the provocation of the victim or any other.
” The defendant knew that death would be the possible consequence or that great injury would occur when a knife is driven into the chest of a person.
” I have checked the evidence, I am not satisfied that the deceased provoked the defendant to the extent that he lose self control.
” l have not found any sudden provocation, no particle of such provocation in evidence.
” In the circumstance of this case, it is my view and I so hold that the prosecution had proofed the one count charge against the defendant beyond reasonable doubt .
” I accordingly found the defendant guilty as charged, the defendant is sentenced to death by hanging” he held .
The prosecution counsel, Mr Kufreabasi Ebong, alleged that Tijjani stabbed and killed one Samsudeen Abdullahi with a knife at Anguwan Hausawa, Karu, FCT in June, 2017.
Ebong said the offence contravened the provisions of Section 221 of the Penal Code which is punishable by death.