The Benue State High Court in Makurdi, on Wednesday, sentenced five men to death by hanging for criminal conspiracy, criminal trespass, mischief and culpable homicide, and offences committed in October 5 2021
Penpushing reports that the convicts who are residents of at Anchoha Village, Gwer-East Local Government Area of Benue include Terna Zwave, Jonathan Gbajime, John Bur, Gabriel Ianna and Kwaghgba Zaki.
The prosecution alleged that they conspired, trespassed on land belonging to one Oliver Jato and cut down trees in order to make charcoal, and having being confronted by Abraham Hwange, which resulted in violent scuffle while one Biija was beaten to death
Penpushing further reports that the convicts were first charged before a Makurdi Magistrate’s Court in 2021 with criminal conspiracy, criminal trespass, mischief and culpable homicide punishable under sections 97, 349, 329 and 222 of the penal code laws of Benue State, 2004.
The case was however, transferred to the High Court based on legal advice from the State’s Ministry of Justice, and when the case came up, the first defendant, Zwave, pleaded guilty while all others pleaded not guilty.
Penpushing also reports that the defendants testified for themselves without calling witnesses, while the prosecution called seven witnesses to prove its case, and the prosecuting counsel R.B.N Amenger in his final written address, submitted that the rest defendants’ plea of not guilty was only a mere denial.
The prosecuting counsel 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.
Penpushing reports that counsel to defendants, D.U Liam, in his final written addresses, argued that the prosecution had not proved its case beyond a reasonable doubt to warrant the sentence of the defendants.
The trial judge, Justice T.A Kume, in his ruling pointed out that the prosecution had proved its case beyond all reasonable doubts, stating that denying the commission of offence did not amount to not committing it.
Penpushing further reports that the judge noted that the burden of proof rests on the defence counsel, which he failed to achieve, and acknowledged listening to the plea for mercy by the defendants and the statement by their counsel in which the Lord’s prayers were contained in the words.
Meanwhile, the judge declared that the law he was bound to apply in the case did not have the grace in the Lord’s prayer, and therefore, sentenced them to death by hanging on the four counts.
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