JUDICIARY
5 Men to Die by Hanging for Culpable Homicide
A Makurdi High Court Judge, Justice T.A Kume on Wednesday, sentenced five men to death by hanging culpable homicide.
The men, Terna Zwave, Jonathan Gbajime, John Bur, Gabriel Ianna and Kwaghgba Zaki who lived at Anchoha Village, Gwer-East Local Government Area of Benue were charged before a Makurdi Magistrates’ Court in 2021.
They were charged with criminal conspiracy, criminal trespass, mischief and culpable homicide punishable under sections 97, 349, 329 and 222 of the penal code laws of Benue, 2004.
The prosecution said on Oct 5, 2021, the men conspired, trespassed on a land belonging to one Oliver Jato and cut down trees in order to make charcoal.
Prosecution said the defendants were then confronted by Abraham Hwange, Peter Agber and the deceased which resulted in a violent scuffles.
He said in the convicts beat Biija to death.
Reports says that the case was eventually transferred to the High Court by legal advice.
When the case came up, the first defendant, Zwave pleaded guilty while all others pleaded not guilty.
The defendants testified for themselves without calling any witness while prosecution called seven witnesses to prove its case.
Prosecution counsel, R.B.N Amenger in his final written address submitted that the rest defendants plea of not guilty was only a mere denial.
Amenger argued that the defendants had completely failed to raise a defence as to the commission of all the offences established but rather dwell on mere denials and technicalities which he said were not material or fatal to the case of the prosecution.
Defence counsel, D.U Liam in his final written addresses said that the prosecution had not proved its case beyond reasonable doubt to warrant sentence of the defendants.
However, the trial Justice ruled that prosecution had proved its case beyond all reasonable doubts, saying that denying commission of offence did not amount to not committing it.
Kume said the burden of prove rests on the defense counsel which he failed to achieve.
Kume said he had heard the plea for mercy by the defendants and the statement by their counsel in which the Lord’s prayers was contained in the words.
He stated that the law for which he was bound to apply in the case did not have the grace contained in the Lord’s prayer.
He therefore, sentenced them to death by hanging on the four counts charge.(NAN)
JUDICIARY
Court Strikes Ex-Kogi Governor’s Bail Application
Justice Maryann Anenih o a Federal Capital Territory (FCT) high court on Tuesday struck out the bail application filed by former governor Yahaya Bello of Kogi.Anenih struck out the application on the grounds that it was filed when the former governor was yet to be taken into custody of the Economic and Financial Crimes Commission (EFCC).
The application was filed on Nov. 22, while the former governor was taken into custody of the anti-graft agency on Nov. 26 and arraigned on Nov. 27.(NAN)Details later….
JUDICIARY
5 Men Face N25m Worth of Milo Products Theft Charge
Five men, on Monday appeared before an Ota Magistrates’ Court in Ogun, for allegedly stealing a truck load of Milo products worth N25 million.The defendants, Temidire Ramon, 35, Aminu Yusuf, 26; Olusola Opadare, 35; Oludayo Adeleye, 38, and Amodu Jimoh, 51, are standing tial on a two-count charge of stealing and conspiracy.
The prosecutor, Insp E. O.Adaraloye, told the court that the defendants committed the offences on Oct. 13, 2020, at Agbara in Ogun.Adaraloye, said that the defendants conspired and stole a truck load of Milo products valued at N25 million, belonging to Nestle Company.He said that the offences contravened Sections 390(9) and 516 of the Criminal Code Laws of Ogun, 2006.They, however, pleaded not guilty to the charge.The Magistrate, Mr O.A Onagoruwa, granted the defendants bail in the sum of N500,000 each with two sureties each in like sum.He ordered that the sureties must be gainfully employed and must reside within the court’s jurisdiction.Onagoruwa also ordered that the sureties must show evidence of tax payment to Ogun State Government.He adjourned the case until Dec.12 for hearing. (NAN)JUDICIARY
Court Grants Mother Custody of 2 Children
A Grade 1 Area Court, Kubwa has granted Maryam Muhammad custody of two children from her former husband, Bashir.
The judge, Musa Sabo ordered Bashir to pay Muhammad N175,000 for a self contained apartment in arrears following the plaintiff’s claim of already paid rent.
Sabo added that Bashir should secure a self contained apartment or pay the plaintiff N250, 000 annually for accommodation.
He said that the children would spend first and third term holidays with their father and second term holidays with their mother.
The judge said the father could pick his children up every weekend for outings within 10a.m to 6.pm from the mother and notify her before hand.
He also ordered him to pay outstanding school fees if any and pay the plaintiff arrears for the fees she claimed to pay after verifying same as she failed to prove it.
Sabo ordered Bashir to pay N40,000 from October 2023 To February 2024 and subsequently pay N45,000 monthly for the children’s upkeep..
Regarding the children’s medication, he ordered Bashir to make an arrangement based on his financial capability.
Earlier, the plaintiff approached the court for custody of her children, maintenance, Islamiyya school fees, enrollment of one of the children in a special needs school and transportation.
She also sought for Bashir to refund N770, 000 which she paid for her house rent with the children and pay for the medicals of the children.
Bashir however said his ex-wife paid the rent without his consent adding that he is a civil servant and not financially capable.
“I do not earn up to N2 million annually and I am currently paying N600,000 rent annually. My children are already under the National Health Insurance Scheme (NHIS),” he said.(NAN)