A Kogi High Court sitting in Lokoja has sentenced the leader of a six-man gang, Mohammed Audu, to death by hanging for stabbing one Hussein Isa to death over a land dispute.
The trial Judge and Chief Judge of the state, Justice Nasir Ajanah, handed down the sentence on Friday upon conviction of the accused in a case of culpable homicide preferred against him.
“The sentence of the court upon you, Mohammed Sani Audu is that you be hanged by the neck until you are certified dead or by lethal injection,” the judge ruled.
Earlier, the chief judge said the prosecution had proved its case beyond reasonable doubt and therefore, convicted the accused accordingly.
Audu, of Kaduna Junction in the Adavi Local Government Area of Kogi, was charged with culpable homicide, punishable with death, according to Section 221(a) of the Penal Code.
The convict, according to the prosecution, had led a six-man gang to a land which was in dispute between the families of the deceased and one of his gang members, Momoh Abaniki.
The deceased was said to have challenged the presence of the convict and his gang on the land and objected to its demarcation for the purpose of selling it.
The victim, Hussein Isa, was said to have returned home to tell his brother, Ozovehe Isa, and other family members what happened on the farm.
Thereafter, the convict was said to have come to the house to challenge the deceased to repeat what he said on the farm.
Altercations ensued and he was said to have stabbed the deceased and given him deep machete cuts in the head.
In the process, other members of the gang kicked out at the deceased resulting to his death after being taken to the hospital.
The prosecution raised three issues for determination to help its case.
The first issue was whether the death of a human being had occurred; followed by whether such death was caused by the convict.
The third was whether the act was done with the intention of causing death.
All the three issues were resolved in favour of the prosecution after consideration of evidence presented before the court.
The accused had in his statement admitted as follows:
“Myself and other five members mentioned above in my statement attacked Osivave Isa and his brother, Hussein Isa, the deceased, over a land matter between them and one of my gang members, Momoh-Jimoh Abanika, a.k.a Mopol Team Leader.
“I did not collect money from anybody before I macheted and killed Hussein Isa and he is the first person I have ever killed.
“I promise not to involve myself in any criminal act again,” he pleaded.
source: Breaking Times