BREAKING: Five Men Sentenced to Death by Hanging for Culpable Homicide
A Makurdi High Court, under the jurisdiction of Justice T.A Kume, has handed down the death penalty by hanging to five men convicted of culpable homicide. The convicted individuals, Terna Zwave, Jonathan Gbajime, John Bur, Gabriel Ianna, and Kwaghgba Zaki, all residents of Anchoha Village in Gwer-East Local Government Area of Benue, were initially charged before a Makurdi Magistrates’ Court in 2021.
The charges against them included criminal conspiracy, criminal trespass, mischief, and culpable homicide, as stipulated in sections 97, 349, 329, and 222 of the Penal Code, Laws of Benue, 2004.
The case stemmed from an incident on October 5, 2021, when the convicted men conspired to trespass on land belonging to one Oliver Jato. They engaged in the illegal felling of trees for charcoal production. During this activity, a confrontation ensued between the defendants and the victims, namely Abraham Hwange, Peter Agber, and the deceased, which escalated into a violent scuffle.
As reported by the prosecution, the convicted individuals fatally beat the deceased, identified as Biija.
Subsequently, the case was transferred to the High Court based on legal advice. During the trial, the first defendant, Zwave, pleaded guilty, while the others pleaded not guilty. The defendants presented their testimony without calling any witnesses, while the prosecution summoned seven witnesses to substantiate its case.
In the final written address by the prosecution counsel, R.B.N Amenger argued that the defendants’ pleas of not guilty were mere denials and that they had failed to establish a defense against the charges. The defense counsel, D.U Liam, countered that the prosecution had not proven its case beyond reasonable doubt to justify the conviction of the defendants.
However, Justice Kume determined that the prosecution had successfully demonstrated the case beyond any reasonable doubt. He emphasized that denying the commission of an offense did not equate to not committing it. The burden of proof rested on the defense counsel, which he had not met.
Kume acknowledged the defendants’ plea for mercy and their counsel’s statements but stated that the law he was obligated to apply did not contain the grace sought in the Lord’s prayer. As a result, he sentenced all five men to death by hanging, marking a significant outcome in the legal proceedings.
