A Niger State High Court sitting in Minna, the state capital has sentenced 11 persons from Anfani community in Lavun local government area of Niger State to death by hanging after being found guilty of nine count charges brought against them.
The convicts are Mohammed Mohammed, Baba Mohammed, Mohammed Isah (aka Madu), Abubakar Saba, Mohammed Adamu Babamini, Ibrahim Mohammed Emigi, Haruna Mohammed, Isah Baba Madu, Ndama Sheshi, Isah Mohammed and Mohammed Ndabida.
The court, however, discharged and acquitted 15 other defendants over lack of diligent and proper prosecution.
It would be recalled that, at least, 25 of them were on October 7, 2019, charged before the court by the office of the Attorney General through the Director of Public Prosecution (DPP) for attacking Gaba community in Lavun local government over farmlands.
According to the charges, some members of Gaba community alongside surveyors were on the farmland to demarcate the boundaries between the community and Anfani community when they were attacked with dangerous weapons and seven persons were killed on the spot.
It would also be recalled that a High Court sitting in Bida had on September 22, 2018, delivered a judgement in favour of Gaba community over the farmland.
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While reviewing the case against the accused persons, on Tuesday, Justice Maimuna Talatu Abubakar, avered that the prosecuting counsel proved the charges against the eleven convicts beyond a reasonable doubt.
The defence counsel, Lerry Otahagwa, pleaded with the judge to temper justice with mercy while convicting them.
In her ruling, she said the substance offence which they are convicted is pursuance under section 221(A), of the penal code, adding that the penalty provided there is death.
“It is a mandatory provision for where the court really has no discretion. I have heard the learned counsel’s plea. I appreciate the learned counsel’s difficulties given the circumstances. I must also acknowledge maturity shown and exemplary conduct during the case at this court.
“The court in appropriate circumstances can make a recommendation, however, the grievous of the crime and the mode it was carried out should not be lost track of.
“I don’t think in the circumstances there is an extenuating basis for whether the court can make a recommendation.
“Consequently, on the first count charge of causing culpable homicide by causing the death of the seven deceased persons, I hereby sentence you to death. I direct that each of you be hanged by the neck until you are dead. May Almighty Allah have mercy on your soul,” Justice Abubakar ruled.
She further sentenced them to life imprisonment on one count charge and 14 years imprisonment without the option of fine on another, adding that both jail terms should run consecutively.
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