Minor found guilty of killing in Kogi

A Kogi state high court, sitting in Lokoja on Tuesday found a minor cattle rearer, Haruna Usman, guilty of killing following a case of culpable homicide brought against him.

The chief judge of the state, Justice Nasir Ajana, while delivering his judgment over the cade of culpable homicide brought against Usman over the death of one Happy David, found him guilty of the offence punishable with death under section 221 of the penal code.

Usman, who was about 15 years when he committed the offence on July 28, 2015 was said to have stabbed David to death while trying to graze on the farm of the parents of the deceased.

The prosecution had told the court that the deceased, a residence of Emiworo in Ajaokuta local government of Kogi state, told the accused not to graze his cattle on the farmland, saying chemical had been sprayed on the land and could harm cattle.

It was added that as the deceased turned to leave Usman, he stabbed David at the back and ran away.

The mother of the deceased, who was the second prosecution witness in the matter was said to have also told the court that he died as a result of the stabbing.

Justice Ajana however held that after the prosecution and the defence had presented their cases, the prosecution was able to prove his case that Usman killed David.

He said the doctor’s report presented before the court also corroborated the fact that “a penetrating object that caused the laceration had also pierced the diaphragm” of the deceased.

He said, “I am therefore convinced from the evidence of the PW2, the picture of the deceased (exhibit 1) and the medical report (exhibit 2) tendered by the prosecution which established the fact the accused was stabbed in his stomach area by the vicious and unprovoked act of the accused, that the said accused intended the natural consequence of his act.

“I am therefore also convinced that the prosecution has proved the third ingredient of the offence of culpable homicide beyond reasonable doubt. I therefore in the circumstance of this case find the accused guilty of the offence of culpable homicide punishable with death under section 221 of the penal code”.

Ajana however said following the evidences before him, he was convinced that the accused was a minor when he committed the offence, adding that he should await governor’s pleasure.

He said, “I shall therefore in conformity with the provision of section 272(1) of the criminal procedure code be ordering the detention of the deceased during the Governor’s pleasure. The accused shall be detained at Koton-Karfe prison where he had been during his trial, to await the Governor’s pleasure”.