Law/Judiciary
Culpable Homicide: Court Discharges Farmer, Three Ex-Policemen
An FCT High Court in Nyanya, Abuja on Tuesday discharged a farmer and three dismissed policemen charged with culpable homicide.
Delivering judgment, Justice Peter Kekemeke held that the prosecution failed to prove its case beyond reasonable doubts against Daji Kaura, Insp. Ibrahim Abdulkadiri, Ex- Sgt. Musa Mohammed and Ex-Sgt Abubakar Binna.
The Tide, reports that police on December 14, 2016 alleged that the defendants conspired and killed one Ismila Salisu with a rifle assigned to by Insp. Abdulkadiri (2nd defendant) that was used by 1st defendant (Kaura) to carry out the act.
Kekemeke also held that the prosecution had opportunities to call further witnesses, but abandoned the case and failed to cross examine the defence witnesses.
“The prosecutor told the court that the 2nd defendant signed the rifle that was used by the 1st defendant in killing the deceased.
“The rifle was not tendered in court nor the person that issued it, the evidence pointing to the commission of the offence was not there.
“In order to proof commission of culpable homicide all circumstances must be consistent with the hypothesis of the propdurance evidence before the court, “he said.
Kekemeke held that the prosecution failed to establish the case of criminal conspiracy, culpable homicide and impersonation against the defendants.
He held that to get the defendants convicted, the prosecution must proof their case beyond reasonable doubt.
“In my view, and I know that the prosecution failed to proof the case of culpable homicide preferred against the defendants.
“There is no evidence to show that Daji Kaura bears the name , Cpl Joseph Bako, the 1st defendant was not caught wearing a police uniform and none was tended in evidence.
“Bako was not cross examined or called, Who is Cpl Joseph Bako?
“In totality, the prosecution failed to proof the allegations against the defendants beyond reasonable doubt.
“I found them not guilty, they are accordingly discharged and acquitted “ he ruled.