A State High Court in Kogi on Thursday sentenced to death one Muhammad Ali-Shaibu over March 28, 2022 Kabawa old market Cults clash that led to the lost of lives and destruction of properties.
Delivering his judgement, Justice M. Esu, of High Court IV, Lokoja,Kogi, discharged and acquitted 12 other persons tried along with Ali-Shaibu over the case.
The News Agency of Nigeria (NAN) reports that there was a cult clash at Kabawa Old Market in Lokoja on March 28, 2022, when several persons were killed several property were reportedly destroyed.
The police in kogi had arrested Muhammad Ali Shaibu ( Shapiro) and12 others and charged them to court for committing various offences contrary to the Penal Code Law of Kogi State.
The 12 defendants are Mustapha Usman, Ademu Suleiman, Muhammed Usman, Ayuba Tamasani, Usman Liman, BABA Umar, Abdulrafiu Abbas, Muhammed Abubakar Abdullahi Usman, Usman Mohammed, Aliyu Ibrahim and Abubakar Jimba.
The defendants were alleged to have committed Criminal conspiracy, Brigandage with culpable Homicide, Armed Robbery and Mischief by Fire contrary to and punishable under Sections 97, 302, 298(c), and 337 of the Kogi State Penal Code Law.
But all the 13 defendants had pleaded not guilty to all the charges labeled against them.
The Prosecution Counsel, M.A. Abaji, in his proof of the allegations, had called six witnesses and tendered various Exhibits;statementss of witnesses/victims of the alleged crimes.
The defendants testified in their defence with the 3rd to 11th defendant calling one witness and then closed their case on Nov. 11, 2024
Ultimately, the 3rd to 10th defendant, through their Counsels, Messers Martin Atojoko and Philip Idiok, had denied all the allegations.
Atojoko had argued: “we hereby submit on behalf of the 3rd and 10th defendants that they are innocent and the prosecution has failed woefully to prove the contrary, beyond reasonable doubt as required by law.
“My Lord, the essence of a criminal trial is to ensure that defendants are tried within the justice system and punished after the crimes alleged against them has been proved beyond reasonable doubt.
“This is to avoid a situation where an innocent person is convicted of crimes he knows nothing about because theprosecutionn failed to do its due diligence.
“On the whole my Lord, we submit on behalf of the 3rd and 10th Defendants that the Prosecution has failed to discharge the burden placed on its shoulders as its evidence is fraught with doubt leaving room for conjectures.
We urge my Lord to resolve the issues raised in favour of the 3rd and 10th Defendants and acquit them of all the offences charged.”
The trial judge, Justice Esu, however, declared the first defendant guilty of the criminal acts of March 28, 2022 and sentenced him to death and discharged and acquitted the other 12 defendants.
Esu explained that all evidences pointed to Ali-Shaibu to be fully involved in the Kabawa old market riot of March 28, 2022 and so found him guilty of all the charges labeled against him.
He further said that by virtue of the combined effect of the provision of section 36(5) of the Constitution of the Federal Republic of Nigeria (as amended) and section 135(1) of the Evidence Act, 2011, the prosecution had the burden to prove the guilt of other 12 defendants in
the case beyond reasonable doubt.
“But having failed in doing so, the other defendants are hereby discharged and acquitted, ” he said. NAN
CULLED from News Agency of Nigeria
