A Makurdi, Benue State High Court Judge, Justice T. A. Kume, on Wednesday sentenced five men to death by hanging for culpable homicide.
The men have been identified as Terna Zwave, Jonathan Gbajime, John Bur, Gabriel Ianna and Kwaghgba Zaki.
The men, who lived at Anchoha Village, Gwer-East Local Government Area of Benue State, 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 October 5, 2021, the men conspired, trespassed on a land belonging to one Oliver Jato and cut down trees in order to make charcoal.
The prosecution said the defendants were then confronted by Abraham Hwange, Peter Agber and the deceased, simply identified as Biija, which resulted in a violent scuffle.
He said the convicts beat Biija to death.
The News Agency of Nigeria reports that the case was eventually transferred to the High Court based on 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 the prosecution called seven witnesses to prove its case.
The prosecution counsel, R. B. N. Amenger, in his final written address submitted that the rest of the 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 dwelt on mere denials and technicalities, which he said were not material or fatal to the case of the prosecution.
The defence counsel, D. U. Liam. in his final written address said that the prosecution had not proved its case beyond reasonable doubt to warrant a sentence on the defendants.
However, the trial Justice ruled that the prosecution had proved its case beyond all reasonable doubts, saying that denying the commission of an offence did not amount to not committing it.
Kume said the burden of proof rests on the defence counsel, which he failed to achieve.
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Kume said he had heard the plea for mercy by the defendants and the statement by their counsel, which contained the Lord’s prayers.
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.
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