Appeal Court annuls 7-year death sentence

Court of Appeal, Abuja, has annulled conviction and sentence of an alleged murder suspect in Kogi State by High Court of Kogi State.

The accused, one Abdulazeez Isah, was on February 14, 2013 convicted and sentenced to seven years imprisonment for criminal conspiracy and to death for the offence of culpable homicide by the High Court of Kogi State, sitting in Ihima.

During the trial at the lower court, the prosecution had submitted that the accused alongside two others conspired and jointly killed the deceased, Fulani Ize Amoda, with a machete on October 28, 2010. Isah was the second accused person, and the first accused person was said to had confessed to the crime at the palace of the traditional ruler of Okaito and was subsequently arrested by the police and tried.

The accused, during the trial, had denied committing the offence stating that he was not even at Okaito where the deceased was killed on that date, with his father (as a defence witness) confirming that the accused was not at the scene of the crime on the said date. He also denied confessing to the crime.

After hearing arguments from both parties, Justice Abubakar Datti Yahaya of the Court of Appeal, Abuja division, ruled, “There is serious doubt that the accused caused the death of the deceased.” He said when there was such a doubt, the benefit must be given to the accused, especially when there was no other evidence linking the accused to commission of the offense.

He adjudged the appeal had merit and allowed it. He further ruled that the judgment of the High Court of Kogi State delivered on the February 14, 2013, convicting the accused (appellant) for conspiracy and culpable homicide and sentencing him to seven years and to death, respectively, “is hereby set aside.”

“I enter a judgment of not guilty. I discharge and acquit the appellant (accused) for the said offences with which he had been charged and convicted,” Justice Yahaya ruled.