An Abuja high court has sentenced Smart Udeme, a 25-year-old ex-police corporal, to death for killing Yunusa Isah, his colleague, who served at Mopol 7 squadron, Sokoto.
In his judgment, Mohammed Talba, the trial judge, held that the prosecution had established a case of culpable homicide against the convict.
“It is the law that the burden of proof rest on the prosecution to establish its case beyond reasonable doubt,” Talba held.
“The prosecution can discharge its burden on three grounds, either by direct evidence of eyewitness, confessional statements and circumstantial evidence.
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“It is crystal clear that the law does not provide for any exercise of discretion in passing sentence.
“And even where the trend of events on the importance judiciary reveals that the discretionary powers of a judge is no more exercisable within the ambit of the law.
“I am therefore constrained to impose the sentence as provided by the law.
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“Consequently, I therefore, sentence the convict to death by hanging.”
He also said the convict had a right to appeal against the judgment of the court.
In November 2008, the police arraigned Udeme on a charge of culpable homicide but he pleaded not guilty.
The prosecution submitted that the offence committed contravened section 221 of the penal code.
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