An Ekiti State High Court in Ado Ekiti has sentenced 45-year-old Mohammed Isiaka to death for the murder of Yakubu Jimoh at Igirigiri village in Ado Ekiti on March 27, 2017.
Justice Lekan Ogunmoye, who delivered the judgment on Thursday, said that the convict should die by hanging, but discharged and acquitted Ismaila Okoro, 20 and Awolusi Bidemi, 23, the co-defendants in the trial.
Ogunmoye said, “in the case in instance, 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.
“The only option open to me in the circumstance is to hold that the prosecution had not proved the offence of conspiracy beyond reasonable doubt against the accused persons.
“In the circumstance, the 2nd and 3rd defendants are hereby discharged and acquitted, while Mohammed Isiaka, the 1st defendant is sentenced to death by hanging for murder on count one.
“On count two, he is sentenced to 10 years imprisonment with N20,000 option of fine for unlawful possession of firearms; on count four, 6 months imprisonment for unlawful possession of Nigerian Army uniform, with N2,000 option of fine on count six,“
According to the First Information Report, the 1st defendant committed the offence on or about March 27, 2017 at Igirigiri village in Ado Ekiti when he murdered one Yakubu Jimoh.
The offence, the charge read, was contrary to Section 316 and Punishable under Section 319 of Criminal Code Law, Cap C16 Laws of Ekiti State 2012.
And also Section 428(d) of the Criminal Code Law, Cap. C16 Laws of Ekiti State of Nigeria, 2012, as well as Section 3 of the Robbery and Firearm Act, Cap R11, Laws of the Federation of Nigeria, 2004 respectively.
During the trial, the Prosecutor, Mr. Gbemiga Adaramola, called six witnesses while exhibits tendered included; a gun, military belt and portrait picture, mask, human skull and bones, charms among others.
The 2nd and 3rd defendants were each represented by counsel, Chief Sunday Ochayi and Mr Busuyi Ayorinde, respectively, and each called one witness.