Corporal sentenced to death by hanging for killing colleague

 

A FCT High Court on Tuesday sentenced to death a 25-year-old ex-police Corporal, Smart Udeme, for killing his colleague, Sergeant Yunusa Isah of Mopol 7 Squadron, Sokoto.

The trial judge, Justice Mohammed Talba, in his judgment, held that the prosecution had established a case of culpable homicide against the convict.

Talba said: “It is the law that the burden of proof rest on the prosecution to establish its case beyond reasonable doubt.

“The prosecution can discharge its burden on three grounds, either by direct evidence of eyewitness, confessional statements and circumstantial evidence.

“It is crystal clear that the law does not provide for any exercise of discretion in passing sentence.

“And even where the trend of events on the importance judiciary reveals that the discretionary powers of a judge is no more exercisable within the ambit of the law.

“I am therefore constrained to impose the sentence as provided by the law.

“Consequently, I, therefore, sentence the convict to death by hanging.”

Talba also said the convict had a right to appeal against the judgment of the court.

The News Agency of Nigeria reports that the Udeme was arraigned by the police on November 10, 2008 on a charge of culpable homicide but pleaded not guilty.

The prosecution submitted that the offence committed contravened Section 221 of the Penal Code.

NAN

 

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