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Court sentences man to death after stabbing colleague

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Muritala Dare was sentenced to death by hanging by the Kogi State High Court of Justice in Lokoja on Thursday for stabbing a coworker with a broken bottle.

After analyzing the defendant’s role in an incident that occurred on August 16, 2021, around the NUJ region of the Lokoja metropolis, Justice Josiah Majebi, who presides over High Court 2, Lokoja, found him guilty.

The defendant was charged with Culpable Homicide, which carries a death penalty under Sections 221 (a) and (b) of the Kogi State Penal Code, and the charge stated that he “caused the death of one Lukman Karim by doing an act to wit, stabbing him on the neck and hand with a broken bottle with the intention of causing his death and thereby committed an offence.”

To prove that the defendant committed the offence, the prosecutor called three witnesses and tendered seven exhibits which included the defendant’s confessional statement, a Coroners Ordinance (Chapter) Report of Medical Practitioners, and a Nigeria Police Post Mortem Examination report dated 19th August 2020.

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While giving evidence, the principal witness, who is attached to the Quick Response Unit of the Kogi State Police Command, said the condemned defendant was apprehended from his hideout after committing the crime while the deceased, who died at the scene of the incident, was confirmed dead at the Specialist Hospital, Lokoja where the corpse was later deposited.

Upon examination of the evidence presented before the court and particularly relying on the confessional statement made by the defendant, Justice Majebi averred that “a confession is an admission at any time by a person charged with a crime stating or suggesting that he committed the crime”

He noted that “it is well settled that in a criminal trial (that) an issue may be proved by direct evidence (evidence of an eye witness) confession or admission voluntarily made by the Defendant and circumstantial evidence”.

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Thus while concluding that the entire case of the prosecution was built on the confessional statement of the defendant, which though he tried effortlessly to deny during the trial, the statements he made during the course of investigating the matter were adequate to rely upon in passing the judgment according to the Judge.

According to the trial judge, “it is trite law that a valid voluntary statement entered without objection and admitted in evidence is good evidence and no amount of subsequent argument against it or retraction will vitiate its admissibility and potency as a voluntary statement and the mere denial by the defendant will not be a good reason for rejecting it.

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“It is only desirable to have some evidence of circumstances which make it probable that the confession was truly confessional, as in Exhibit P1 in the instant case.”

“I have carefully perused and considered Exhibit P1. It is confessional in nature. I am compelled to consider the legal propriety/status of the said Exhibits P1 & P P6 in view of the fact that their admissibility is being challenged by the learned counsel for the defendant under issue two of his issues for determination and more importantly, that as earlier stated, the entire case by the prosecution herein is built on them particularly Exhibit P1,” he added.

Elaborating further, he said there were sufficient reasons to arrive at the conclusion that the evidence contained in the statements made by the defendant were convincing enough even outside his confessional statement.

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“I am of the view that there is sufficient evidence outside the confessional statement of the defendant to make it probable that the statement is true. Aside from the admission of the defendant that he stabbed the deceased to death with a broken bottle, his averments in Exhibits P6 are materially the same as his averments in Exhibit P1,” he said.

“Hence, his averments in Exhibits P6 corroborate his averments in Exhibit P1.”

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In the two exhibits, the defendant averred that he knew the deceased.

In Exhibits P6, the defendant stated that he worked with the deceased at the same place under high tension, and in Exhibit P1, he stated that he had issues with the deceased after they were sacked from their former shop. According to him, on the 16th day of August 2020, he had a fight with some persons including the deceased.

While in Exhibit P6, he stated that he removed the broken bottle he had earlier kept in his pocket and stabbed the deceased with it on his neck and left hand leading to his death”.

The court, therefore, held that the stated evidence of circumstances made it possible that the statement made by the defendant and contained in Exhibit P1 was “truly confessional” while noting that for the prosecution to succeed in a charge of Culpable Homicide, under Section 221 (a) of the said Penal Code, it must have the ingredients of the death of a deceased resulting from the act of a defendant whose act would have been done with the intention to cause death or that the defendant knew or had a reason or know that death would be the probable and not only likely consequence of his act.

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He therefore concluded that all these essential ingredients were already manifest in the matter and supported by other evidences.

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“I have carefully looked and considered Exhibit P1 and I am satisfied that it is direct, positive and admits the essential elements of the offence of Culpable Homicide as stated against the Defendant….There is a nexus between the act of the Defendant and the death of the deceased. The fact that the deceased died on the 16th day of August, 2020 is not in dispute between the prosecution and the Defence. The substance of the case, established by the evidence adduced is that the deceased was killed by the Defendant.” And there was “no Scintilla of evidence from the Defendant both in Exhibit P1 and his oral evidence to show that the killing of the deceased was in Self-Defence or Provocation” as was canvassed by his counsel.

In conclusion, his lordship found the Defendant guilty of the charge of Culpable Homicide against him and convicted him accordingly.

“Premised on the above findings, I hold that the prosecution has proved all the ingredients of the charge against the Defendant and thereby raising the presumption of guilt against him in respect of the charge.

“That, you, Dare Murtala, is hereby sentenced to death for the offence of Culpable Homicide for which you are convicted. The sentence of this Court upon you is that you will be hanged by neck until you be dead and may the Lord have mercy upon your soul,” he pronounced.

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Crime

Correctional service to publicly display fleeing inmates’ details

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The Nigerian Correctional Service has said it would soon display the names and pictures of the fleeing inmates from the Medium Security Custodial Centre in Suleja, Niger State.

The Spokesperson NCoS, Federal Capital Territory Command, Adamu Duza, disclosed this to our correspondent on Thursday.

Theheute reports that a relentless downpour on Wednesday night wreaked havoc on the Medium Security Custodial Centre in Suleja, Niger State, resulting in extensive damage to the facility and facilitating the escape of 118 inmates.

The downpour caused severe damage to the custodial centre’s infrastructure, including a breach in the perimeter fence, allowing inmates to flee.

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However, 10 fleeing inmates had been recaptured.

Speaking with Theheute, Duza noted that the command was collaborating with other security agencies to recapture the remaining fleeing inmates, adding that their database would soon be made known to the public.
The Medium Security Custodial Centre in Suleja, Niger State, after the damage caused by the downpour.

He noted, “Our intelligence officers, armed squadron officers, in collaboration with the Nigeria police force, DSS, and other security agencies are combing neighbouring communities to find the fleeing inmates.

“Very soon, we shall publish the names and pictures of the fleeing inmates.”

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Oyo police arrest alleged killer of corper in Ogbomoso

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The Oyo State Police Command, on Thursday, announced the arrest of some officers, led by one inspector, Rasheed Saheed, who was involved in the alleged killing of a corper, Damilola Iyanda, in the Ogbomoso axis of the state.

Theheute reports that a police officer allegedly shot a member of the National Youth Service Corps, identified as Damilola, to death in the Ogbomoso Local Government Area of the state.

The late Damilola was serving in Ibadan, the state capital.

Oluwafemi Iyanda, who graduated from the Ladoke Akintola University of Technology, Ogbomoso, and the deceased’s brother, said his late brother attended his convocation, after which they headed for an after-party the same day where he was shot dead by the trigger-happy cop.

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The police command, in a statement by its Public Relations Officer, Adewale Osifeso, said the officers involved in the shooting have been detained at the State Criminal Investigation Department, Iyaganku.

The police spokesperson said the Commissioner of Police, Hamzat Adebola, had ordered that the case be taken up by the Homicide Department of the SCID, with the Deputy Commissioner of Police directly in charge of the investigations.

He said, “The command wishes to clear the air about the unfortunate shooting incident that occurred, on Monday, April 22, 2024, at about 0130 hours around a popular nightclub along, “Under G” area, Owode-Ogbomoso, resulting in the demise of Damilola, ‘m’.

“The investigation report reveals that during the early hours of the same date and time, a distress call was received by Operatives of the Command’s Monitoring Unit stationed within Ogbomoso through the director of a popular nightclub within the axis, requesting immediate intervention and protection from rampaging suspected student cultists who were at the time harassing guests and destroying club property.

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The statement noted that, in a swift response to the call by the club director, a team of officers led by one inspector, Rasheed Saheed, arrived at the scene.

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According to the statement, the altercation worsened as deliberate efforts were made by the suspected cultists to prevent the police from further gaining access to the crime scene as shots were allegedly fired from different angles, including from the intervening officers who fired warning shots to disperse onlookers.

“The incident recorded the death of one Damilola, ‘m’, and the injury of his brother, one Iyanda Femi Israel, who has since been discharged from the hospital after treatment.

“Worthy of note is that the CP has ordered that the case be taken up by the Homicide Department of the SCID with the Deputy Commissioner of Police directly in charge of the investigations,” the statement said.

He said all the officers involved in the incident, including Inspector Saheed, were currently under detention at the SCID, Iyaganku.

The command, therefore, assured members of the public, particularly the student community, of the swift dispensation of Justice.

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LAUTECH students seek justice after cop allegedly kills corper

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Some students of Ladoke Akintola University of Technology, Ogbomosho, Oyo State, have demanded a probe into the alleged killing of a corp member, Damilola Iyanda, by a trigger-happy policeman on Tuesday.

This is just as the students decried the prolonged brutality allegedly meted out to them by the police officer in a separate interview with Theheute on Tuesday.

Theheute had reported that a trigger-happy policeman allegedly shot a corps member identified as Iyanda Damilola to death in Ogbomoso Local Government Area of the state on Tuesday.

It was gathered that an operative of the disbanded Special Anti-Robbery Squad of the Nigeria Police Force was recognised by the students of the institution for alleged shooting.

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The deceased’s brother, Oluwafemi Iyanda, who graduated from LAUTECH, told our correspondent on Tuesday that he sustained wounds from the bullet shots.

Oluwafemi, a graduate of Accounting and Management Sciences from the institution, narrated that the deceased was his brother who had attended his convocation, after which they headed for an after-party the same day where he was shot dead by the trigger-happy cop.

According to him, the late Damilola was serving in Ibadan, the Oyo State capital.

He said, “Yesterday was our convocation, and we were at a lounge in the Under-G area for a convocation party around 2 am when we heard that some people were fighting outside. When we discovered that the place was getting rowdy, we stepped out only to see policemen dispersing the crowd and shooting directly at the people.

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“I sustained bullet wounds, but my brother, who came for my convocation, was shot in the head. He was confirmed dead at the LAUTECH Teaching Hospital and was taken to the mortuary this morning.

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“As I speak with you, I am at the clinic for my treatment. The wounds are deep, and I cannot but seek justice for my innocent brother.”

Asked if he could recognise the policemen who came for the operation, Oluwafemi said he was sure of one operative, stressing that the cop led the team that dispersed the crowd.

“I saw him handling the gun; he was shooting with one hand until he shot my brother,” he alleged.

Our correspondent gathered that the incident generated palpable tension among the students who took to the streets to protest but shelved the protest so as not to disrupt the ongoing convocation activities.

An eyewitness who pleaded anonymity, because he was authorised to speak, told Theheute that the students shut the gate of the institution, leading to a temporary delay in starting the grand finale of its 16th convocation ceremony on Tuesday.

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The source said, “What happened was that the celebration at the Under-G area resulted in an argument and this led to a fracas. It was during the altercation that the security agent was invited to settle the matter by the owner of the hotel.

“While attempting to settle the matter, the officer reportedly shot sporadically into the air. It was during this period that a student was allegedly shot, while two others sustained injury.”

Reacting to the incident, a student, Michael Oladipupo, alleged that the trigger-happy policeman was in the habit of brutalising students. He, however, urged relevant authorities to investigate the incident and bring the officer to justice.

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“We are sure that it was a member of the police team who killed the boy because students were present. This is not the first time this particular police officer is involved in brutalising students.

“The school should also join us to demand justice for those who were killed and injured yesterday. We also want the lounge where the incident happened to be probed,” Oladipupo said.

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Another student, Muhiz Alaka, urged the state government to probe the killing, stressing that the death of Damilola could not have been a mistake.

“We want justice for our brother that we lost, we want everyone involved in his death to be brought to book. The Oyo State Government should intervene and prosecute the culprit. The school management has not said anything on the matter yet, but all we want is for the perpetrator to be brought to book.

“An eyewitness said it was not a case of a stray bullet but an intentional act. This officer who is accused by students is known for brutalising students. He visits their hostels and bullies them. He has been constituting a nuisance in the university community for a while now.”

Similarly, another student, Oluwatobiloba Ojediran, also sought the probe and prosecution of the alleged officer if found guilty of the accusation levelled against him.

“One was slain, one was injured, and yesterday was the convocation. Two brothers from one parent are victims of this brutality, it is unfair if we keep mute. Justice must prevail, and the police officer must face the wrath of the law.”

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When contacted, the spokesperson for the state police command, Adewale Osifeso, disclosed that an investigation had begun into the incident.

“Investigation is ongoing. Updates will be provided accordingly, please,” Osifeso said.

Meanwhile, the Oyo State Coordinator of the National Youth Service Corps, Odoba Oche, confirmed that the deceased was a Corp member.

He said, “We have confirmed that the deceased was a Corp member serving in Ibadan North Local Government. He was reportedly invited to his brother’s convocation in LAUTECH where the unfortunate incident happened.”

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