A Makurdi High Court Judge, Justice T.A Kume yesterday, sentenced five men to death by hanging for culpable homicide. The men, Terna Zwave, Jonathan Gbajime, John Bur, Gabriel Ianna and Kwaghgba Zaki who live at Anchoha Village, Gwer-East Local Government Area of Benue State were first 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 State, 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. Prosecution said the defendants were then confronted by Abraham Hwange, Peter Agber and the deceased which resulted in a violent scuffle. He said in the process, the convicts beat Biija to death.
The News Agency of Nigeria (NAN) reports 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 fences 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.
