policeman : Photo credit: file copy

A Federal Capital Territory High Court, Abuja, on Tuesday, sentenced to death a 25-year-old ex-police corporal, Smart Udeme, for killing his another policemen Sergeant Yunusa Isah, of Mopol 7 Squadron, Sokoto State.

The trial judge, Justice Mohammed Talba, in his judgment, 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.
“The prosecution can discharge its burden on three grounds, either by direct evidence of eyewitness, confessional statements and circumstantial evidence,” Talba held.

Talba said: “It is crystal clear that the law does not provide for any exercise of discretion in passing sentence.
“I am therefore constrained to impose the sentence as provided by the law.

Consequently, I sentence the convict to death by hanging,” the judge held.
He also said that the convict had a right to appeal against the judgment of the court.

Udeme was arraigned by the police on November 10, 2008 on a charge of culpable homicide but pleaded not guilty.
The prosecution submitted that the offence committed contravened Section 221 of the Penal Code.

Subscribe to Thenigerialawyer News!