From JosephAmedu, Lokoja
A High Court sitting in Lokoja, the Kogi State capital has sentenced the leader of a six-man gang, to death by hanging for stabbing one Hussein Isa to death over land dispute.
The trial judge and Chief Judge of the state, Justice Nasir Ajanah handed down the sentence on Friday in Lokoja upon conviction of the accused, Mohammed Sani Audu, 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”, Justice Ajanah.
Earlier in his judgement, the Chief Judge said the prosecution had proved its case beyond reasonable doubt and therefore, convicted the accused accordingly.
Audu of Kaduna Junction in Adavi Local Government Area of Kogi was charged with Culpable Homicide punishable with death contrary to Section 221(a) of the Penal Code Law.
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-Jimoh Abaniki.
The deceased was said to have challenged the presence of the accused and his gang on the land and objected to its demarcation for the purpose of selling it.
Hussein was said to have returned home to tell his brother, Ozovehe Isa and other family members what happened on the farm and thereafter, the accused was alleged 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 gave deep machete cuts on the head while other members of the gang kicked the deceased resulting in his death the following day at the hospital.
The prosecution raised three issues for determination to help its case including, whether the death of a human being had occurred; whether such death was caused by the accused.
The third was whether the act was done with the intention of causing death and all issues were resolved in favour of the prosecution after consideration of evidences presented before the court.
The accused had in his statement had admitted, “Myself and other five members I 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 AKA Mopol Team Leader.
“I did not collect money from anybody before I matcheted and killed Hussein Isa and he is the only first person I have ever killed. I promised not to involve myself in any criminal act again”
