Ex-police corporal bags death sentence by hanging for killing colleague

A Federal Capital Territory (FCT) High Court on Tuesday sentenced to death a 25-year-old former police corporal, Smart Udeme, for killing his colleague, Sergeant Yunusa Isah of Mopol 7 Squadron, Sokoto.
The trial judge, Justice Mohammed Talba, in his judgement, 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.
“It is crystal clear that the law does not provide for any exercise of discretion in passing sentence. And even where the trend of events on the importance judiciary reveals that the discretionary powers of a judge is no more exercisable within the ambit of the law.
“I am, therefore, constrained to impose the sentence as provided by the law.
“Consequently, I therefore, sentence the convict to death by hanging,” the judge held.
He also said that the convict had a right to appeal against the judgement 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.