Justice Lekan Ogunmoye of an Ekiti State High Court has ordered the execution of a murderer, Mohammed Isiaka, by hanging for killing one Yakubu Jimoh.
The court, however, discharged and acquitted his co-defendants, Ismaila Okoro, and Awolusi Bidemi.
Delivering the judgment, Justice Lekan Ogunmoye, noted that the first accused is sentenced to death by hanging for murder on count one; and on count two, he is sentenced to 10 years’ imprisonment with N20,000 option of fine for unlawful possession of firearms.
The judge also sentenced him to six months’ imprisonment for unlawful possession of the Nigerian Army uniform with an option of fine of N2,000.
He, however, acquitted the second and third defendants, saying, “In the case, there was no iota of evidence before me from which it could be inferred that the accused persons conspired to commit the offence of murder.
Justice Ogunmoye stated that the only option open to him in the circumstance is to hold that the prosecution had not proved the offence of conspiracy beyond reasonable doubt against the accused persons.
The court thereafter discharged and acquitted the 2nd and 3rd defendants.
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According to the charge, the first accused committed the offence on or about March 27, 2017, at Igirigiri village in Ado Ekiti, when he murdered one Yakubu Jimoh contrary to Section 316 and punishable under sections 319 and 428 (d) of the Criminal Code Law, Cap. C16 of Ekiti State of Nigeria, 2012.
The prosecutor, Mr Gbemiga Adaramola, called six witnesses, while exhibits tendered included a gun, an army belt, a portrait picture, a mask, a human skull and bones, charms, among others.
The second and third defendants, who spoke through their counsel, Sunday Ochayi and Mr Busuyi Ayorinde, called one witness each.
