The Taraba State High Court sitting in Jalingo has sentenced a 27-year-old Islamic teacher, Mallam Mubarak Hassan, to 15 years imprisonment for killing 16-year-old Mustapha Ishyaku.
LEADERSHIP Sunday reports that the Islamic teacher killed Ishyaku in Mutum Biyu, Gassol local government, after which Hassan was convicted of culpable homicide not punishable by death.
The chief judge of the state, Justice Joel Agya, who delivered judgment on the case tagged TRSJ/29C/2023 on Friday, sentenced the defendant to 15 years imprisonment without an option of fine.
He added that the jail term is to run from March 3, 2022, the day he was arrested by the police.
Justice Agya however, discharged and acquitted the defendant on the charges of abduction and kidnapping.
He recalled that the case between the State vs Mubarak Hassan was filed on June 20, 2022, by the Office of the Attorney General of the state.
He said, the first count bordered on abduction of a person, punishable under Section 3(a) of the Taraba State Kidnapping and Abduction Prohibition (Amendment) Law No. 2 of 2019, while the second count was culpable homicide, punishable under Section 221(a) of the Penal Code Law of Taraba State, 1997.
He further recalled that the prosecution alleged that Hassan abducted the victim, murdered him and buried his body in a shallow grave along Dankuturu in Mutum Biyu, Gassol local government.
According to the CJ, the prosecution failed to prove the allegation of kidnapping and abduction beyond reasonable doubt.
He said that the defence also contended that the police did not carry out a proper investigation, citing Section 3 of the Taraba Kidnapping and Abduction Prohibition Law, the Penal Code, and Section 21 of the Evidence Act 1999 as Amended.
He said that the defence further submitted that the prosecution failed to call material witnesses to testify in the case.
On the culpable homicide charge, Agya said that the defence insisted that there was no eyewitness to establish the case of culpable homicide against the defendant.
He said that the defence also pointed out that the stick allegedly used on the victim was not tendered before the court.
In determining the suit, Justice Agya held that the prosecution could not prove culpable homicide punishable by death.
He however held that the prosecution was able to prove its case with weak evidence, committing the culpable homicide punishable by death to culpable homicide non-punishable with death.
The deputy director of State Prosecution, Mrs Ayiatsipu Johanna, thanked the judge for the judgment, describing it as one that further exposed them to some legal knowledge.
Counsel to the defendant, Mr Dahiru Modibbo, who had earlier pleaded for the court to temper justice with mercy, said he would appeal the judgment.
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