Yakubu Busari
A Plateau State High Court sitting in Jos Division on Thursday sentenced three persons to death by hanging and lethal injection for culpable homicide which is punishable with death.
Justice Arum Ashom of High Court No 3, sentenced Mr. Terry Kefas the first accused, Samson James, and Patrick Nyam for stabbing one Joseph Gonsum to death on the 25th December 2015 on grounds of a two-count charge.
Count 1 read, that you Terry Kefas, Samson James, Emmanuel Ujah now deceased and Patrick Nyam on the, on or about the 25th day of December,25th at Gada Biu in Jos North Local Government Area, within the Plateau judicial division agreed amongst yourselves to do an illegal act to wit: culpable homicide punishable with death an act which was done pursuant to your agreement and you thereby committed an offense punishable under the section of the penal code,cap89 laws of Northern Nigeria,1963.
Count 2, that you Terry Kefas, Samson James Emmanuel Ujah now deceased and Patrick Nyam, on or about the 25th day of December 2015 at Gada Biu commit culpable homicide punishable with death in that you caused the death of one Joseph Gonsum deceased by stabbing him with a knife on his stomach with the knowledge that death would be the probable consequence of your actions and you thereby committed an offense punishable under section 221 of the penal code,cap89 laws of Northern Nigeria,1963.
Speaking shortly after the sentence, the prosecution counsel, Assistant Director of citizens Rights and Law Reform, Barr. John Ishaku Mantu said this is justice to the society, this was the case the state is prosecuting since 2015.
We have done our best as prosecution counsel, we give in our very best to see that the matter was prosecuted . We appreciate the court seeing reasons with our witnesses that we presented.
However, in the end, this matter was decided in favor of the state wherein those who stand trial now convict are sentenced to death.
According to him,” this is a matter that has four (4) defendants which one passed away in the cause of this trial and today we appreciate God for the judgment is a justice to the society.
Mantu disclosed that it is a matter that they killed an innocent person on the 25th day of December 2015 . Adding, the law is right in the case of culpable homicide once there is a conviction it is a death sentence.
He emphasized that as the prosecution called about five witnesses whom they all testified on their behalf and the case has been lingering for the past six years and you know that they say justice rushed is justice crushed. In this situation,6 years is fair to decide such a matter because this is a matter that is capital in nature.
The prosecution counsel explained further that the delay sometimes comes from the defense counsel themselves because once they see the evidence presented by the prosecution, they sometimes brought in some technicalities to delay the matter.
He stated that the issue of covid-19 is also there the issue of the JUSUN strike, we have almost three strikes affected in the course of this trial.
Mantu preempts that for the defence counsel to put a request for the judgment, we definitely will expected an appeal in this matter the way their counsel was talking in court, he demanded the copies of the judgment which the court promised to make available.
“We know and we expecting an appeal from them by the grace of God, we are competent to prosecute them at the appeal court. Whatever way the judgment goes in the appellate court, they may decide to go to the supreme court whichever way. Whatever way they’re still on the death row pending the reversal of the decision “, Mantu says.
The Defence counsel, Barr. David Adudu said the suit is between the state and three other defendants.
In the cause of the conviction, the judgment found the defendants guilty of the offenses for which they were prosecuted for the crime, and in view of this, the judge sentenced them based on the law.
He added that as the defence counsel, we are not satisfied with the judgment just delivered by Honourable justice Arum Ashom so we have to start the process of appealing the judgment by commencing the transmission of the appeal process immediately.
