The Bayelsa State High Court sitting in Yenagoa has sentenced a former policeman, Corporal Vincent Koluama-Owei to death by hanging for an extra-judicial killing of 17-year-old Innocent Kokorifa.
Kokorifa, who was running an errand for his mother, was shot dead on 18 August, 2016 near the Air Force Base, Okaka, Yenagoa, by a patrol team of the police, who labeled him a bandit.
Koluama-Owei identified as the policeman, who fired the gunshot that killed the minor, has been standing trial for murder at the state high court 7 presided over by Justice Ineikade Eradiri.
Members of the civil society group, Chief Nengi James, Alagoa Morris and Aluzu Ebi Augustine, who brought the matter to the limelight, turned up on Friday to listen to the judgment.
Eradiri in his judgment that lasted for about two hours weighed the defence of the accused person against the evidence and witnesses of the prosecution lawyer and ruled that the prosecution proved his case beyond every reasonable doubt.
The judge punctured the claims of self defence relied upon by the accused person in line with Section 33(2b) of the 1999 Constitution as amended.
On Section 33(2b) of self defence relied upon by the accused person, Eradiri said for the provision to avail the accused person, there must be substantial evidence of reasonableness and necessity.
He said: “Human life is sacrosanct and as such a person can only deprive another only as a last and final resort. Only God Almighty created life and can take it away. Anyone who takes the life of another under circumstances not as permitted by law arrogates unto himself the driven power of the almighty and must answer here on earth and also in heaven”.
The judge cited judicial decisions in cases of Ibukunle vs the state 2007, Ola vs the state 2014; Garba vs State; Adegboye vs State 2017, among others and concluded that the provision of self-defence would not benefit the accused person.
He said: “In the circumstances of this case, section 33(2) of the 1999 Constitution does not avail the appellant. The firing of the gun at the back of the deceased to prevent him from escaping from a lawful arrest was not reasonable in the circumstance.
“Someone has made a report to the police saying that hoodlums suspected to be armed robbers were operating openly under a broad daylight in a residential area, the next thing that happen was that the police went there, cordoned off the area and shot someone, who was not even running but walking away.
“The police did not do any serious observation as to confirm the report which they received. There was also no evidence whatsoever that the armed robbers were actually in operation. There was also no evidence that any of the so-called armed robbers was arrested after the killing of the deceased.
“There was even evidence that after the deceased had been shot he stood up and walked to the accused demanding to know why the accused shot him. And shortly afterwards, he slumped to the ground and died. The fact that the deceased walked across the narrow street after he had been shot by the accused was not denied by the accused.
“That act of war courage displayed by the dying young man was certainly not the act of an armed robber who had just fired a shot at the policeman. Where did the reasonableness or necessity lie in the shooting of a person who was merely a suspect and walking away from the scene of a crime.
“Even if by one’s imagination, the deceased shot at the accused, the accused himself said that the bullet did not penetrate his body. Hence, he replied the deceased by shooting him with his AK47 riffle. If it was true that the deceased stood and shot at the accused, then he would have been facing the accused and not backing him.
“However, the autopsy report shows that that was not the case as the entry route was of the upper outer aspect of the back while the exit route was the ulterior shoulder joint area. This is consistent with the fact that the deceased might have been walking away before the accused shot him.
“From the evidence led by the prosecution, l hold that the prosecution proved his case beyond reasonable doubt and on the contrary there was serious doubt on the truth contained in the claims of the accused that he acted in self defence.
“I believe and reject the defence of the accused for being contradictory and unsatisfactory. I find the accused guilty as charged and he is hereby convicted of the murder of Innocent Kokorifa”.
The judge also faulted the claims by the defence lawyer, Stanley Damabide that the witnesses contradicted themselves and should be disregarded by the court.
Eradiri said: “There was no contradiction between what the PW2 said in exhibit one and the evidence he gave in the open court. If there was any omission at all, that cannot be counted as a contradiction rather it will fall on the side of discrepancies.
“Discrepancy between what the witness wrote in his extra-judicial statement and what he said in the witness box is often not fatal. The discrepancy as regard the evidence whether the PW1 was running or hiding at the time the accused shot the deceased is neither here nor there. There was no controversy over who shot the deceased.
“If the deceased bore arms and ammunition and fired at the accused as alleged then why all the contradictions to the statements as to the exact spot of recovery of the arms and ammunition”.
On the claims that unexpended ammunition and substances suspected to be Indian hemp were recovered from the deceased pocket by the mortuary attendant, the judge said evidence before him did not support such claims.
He said: “Was it that the deceased left the unexpended ammunition for weeks in the mortuary at the Federal Medical Centre before going to the Air Force base to shoot at the accused or that after he had been shot dead his ghost followed the corpse to the mortuary where he then planted the unexpended ammunition on itself for the mortuary attendants to recover.
“The accused did not for a fleeting moment tried to explain the contradiction existing between his extrajudicial statement to the police and his oral statement in court. If the contradiction remains unexplained, then it is likely that the items allegedly found on the deceased might just be planted on the corps in order to justify the killings. Things like these do sometimes occur”.
Tag: Death
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Court sentences policeman to death for killing 17-year-old boy
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BREAKING: Senator McCain is dead, Trump, Obama pay tributes
McCain, a celebrated war hero known for reaching across the aisle in an increasingly divided America, died following a lost battle with brain cancer.
Former President Barack Obama swiftly led the outpouring of condolences and tributes for Senator John McCain whose death was announced on Saturday by his office.
McCain, a celebrated war hero known for reaching across the aisle in an increasingly divided America, died following a lost battle with brain cancer.
He was 81.“Senator John Sidney McCain III died at 4:28 pm on August 25, 2018. With the senator when he passed were his wife Cindy and their family,” his office said in a statement.
Obama, the Democrat to whom McCain lost the presidency in the 2008 elections, said “we are all in his debt.”“John McCain and I were members of different generations, came from completely different backgrounds and competed at the highest level of politics,” Obama said in a statement.
“But we shared, for all our differences, a fidelity to something higher — the ideals for which generations of Americans and immigrants alike have fought, marched and sacrificed.”
Former vice president Al Gore — who served under Democrat Bill Clinton — said: “I always admired and respected John from the opposite side of the aisle, because he thrived under pressure, and would work to find common ground, no matter how hard.”President Donald Trump, who once mocked McCain’s war record, said he sent his “deepest sympathies and respect.”
McCain had been a rare and outspoken Republican critic of Trump, accusing him of “naivete,” “egotism” and of sympathizing with autocrats.
On Capitol Hill, McCain became close friends with Senator Lindsey Graham and former senator Joe Lieberman — a trio dubbed the “Three Amigos.”
Now that the trio is missing its driving force, Graham wrote that “America and Freedom have lost one of her greatest champions… And I’ve lost one of my dearest friends and mentor.”McCain, who was tortured during his five years as a prisoner of war in Vietnam, stopped treatment from an aggressive form of cancer on Friday , his family saying “the progress of disease and the inexorable advance of age render their verdict.”
“At his death, he had served the United States of America faithfully for 60 years.”
“Sen McCain, thank you for your service,” read a sign near the driveway of his home in a rural part of Sedona, Arizona, television footage showed, as a police escort accompanied the hearse that was to carry his body and local residents came bearing flowers for the late political titan.
While he had many disagreements with fellow politicians, the Republican stalwart’s integrity was not at question.
He had spent more than three decades in the Senate, looming large in debates over war and peace and the moral direction of the nation. Before joining the upper chamber, he served as a US representative from 1983 to 1987.
McCain had not been on the Senate floor in months, remaining at his Arizona home for treatment of glioblastoma — the same form of brain cancer that took the life of another Senate giant, Democrat Ted Kennedy, in 2009.
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Three burnt to death, five severely injured in Kogi accident
Three people were burnt to death and five others injured in an accident on the Zariagi-Lokoja highway in Kogi State.
The Public Education Officer of the Federal Road Safety Corps (FRSC), Mr Bisi Kazeem, who confirmed the development, said the incident occurred early on Thursday.
He explained that nine people and three vehicles–Toyota Carina, Scania Truck and Mack Tanker–were involved in the accident.
Kazeem said that one person escaped the accident, which he blamed on over-speeding unhurt.
“The deceased were burnt alongside the vehicles, while the injured were taken to the Federal Medical Centre in Lokoja.”
He said that an FRSC rescue team, which arrived at the scene after the accident had embarked on removing the wreckage from the road.
The Okene-Lokoja-Abuja highway is classified among the deadliest road corridors in Nigeria.
NAN
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Pandemonium in Asaba as man stabs own younger brothers to death
There was pandemonium in the Summit Road area of Asaba, Delta State, following the killing of two boys – Kingsley Nwani and Nwayo Nwani – by their older brother Aniemeka Nwani.
It was gathered on Monday that the suspect had been battling the deceased over property left behind by their late father.
The incident was said to have taken place at a filling station operated by the two brothers, left behind by their late father in Asaba.
Kingsley was said to have died on the spot after the suspect attacked him with a knife.
Nwayo, however, died at a hospital.
A source said, said, “The two victims had been running the filling station before the demise of their father.
“However, the suspect has been asking them to hand over the filling to him being eldest, but they refused. We were surprised that he resorted to attacking them. Kingsley died on the spot, while his younger brother died at a clinic where he was rushed to. The suspect fled immediately he committed the crime.”
The Delta State Police Public Relations Officer, Andrew Aniamaka, could not be reached, but a source at the state command confirmed the development.
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Man kills 80-year-old father, stabs self to death in Ekiti
A 32-year old man, Lekan Adediran, who was identified to be suffering from mental disorder, has reportedly killed his Octogenarian father, Pa Lawrence Adediran in Efon Alaye in Efon Local government Area of Ekiti State.
It was revealed that the culprit after killing his 80-year old father, was said to have stabbed himself to death with the aid of broken bottle with which he murdered his father.
The culprit’s elder brother, Ojo Adediran, who reported the case at the Efon Divisional Police Station, said his brother was mentally infirmed and that he committed the offence at about 9.45pm on Monday.
Briefing newsmen in Ado Ekiti on Wednesday, the Police Public Relations Officer, Ekiti Command, DSP Caleb Ikechukwu, said the corpses of the two victims had been deposited at the morgue of General Hospital at Efon Alaaye.
Ikechukwu revealed that the brother of the deceased cum culprit told the police that his late brother had mental challenge, which he said the family had been battling to resolve.
He said: “Lekan’s brother personally approached the police station in Efon to report how his brother killed their 80-year old father with a broken bottle and also killed himself after succeeding in his devilish act.
“Their corpses are presently at Efon General hospital for autopsy. However, the police had been able to maintain peace and orderliness in the town.
“We are not resting on the accounts rendered to the police by the victim’s brother alone, we are still going to conduct investigations to ascertain the veracity of the claim and the reason behind the killing and the subsequent suicide option taken by Lekan”, the PPRO stated.
Ikechukwu also revealed how some suspected cultists have invaded a satellite village and a drinking joint in Ado Ekiti capital city on July 29 and shot one Ayomide Adebayo, 23 and Sola Akinwande.
The police spokesman said Adebayo was shot at Oshodi street the same day Akinwande was shot at a drinking joint within Ado Ekiti metropolis.
The PPRO added that the two were shot in the legs and are now being treated at the Ekiti State University Teaching Hospital, Ado Ekiti.
“We got the information at about 10.45pm and upon investigation, it coincided with the day some secret cults wanted to secretly bury a man along Ilawe road .
“We contacted our men in the Special Anti-Robbery Squad (SARS) who laid ambush and got the suspects arrested at their hideouts and are now being detained at the police headquarters where they are helping the police in their investigations”.
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Man allegedly stabs father to death in Ekiti, kills self
A 32-year-old man, Lekan Adediran, has stabbed his 80-year-old father, Lawrence, to death after which he killed himself.
Lekan, who is believed to be suffering from mental illness, killed his father on Monday in Efon Alaaye, headquarters of Efon Local Government Area of Ekiti.
The News Agency Nigeria reports that the state police command had confirmed the incident, saying an investigation into the incident had started.
Eyewitnesses said Lekan killed himself with the same broken bottle he used in stabbing his father.
The culprit’s elder brother, Ojo Adediran, who reported the case at the Efron Divisional Police Station, said his brother was mentally unstable, adding that he committed the offence at 9.45pm.
The Police Public Relations Officer in Ekiti, Deputy Superintendent of Police Caleb Ikechukwu, said the corpses of the two victims had been deposited at the morgue of General Hospital, Efon Alaaye.
“Lekan’s brother approached the police station in Efon Alaaye to report how his brother killed their 80-year-old father with a broken bottle and also killed himself after succeeding in his devilish act.
“Their corpses are presently at Efon General hospital for autopsy. However, the police had been able to maintain peace and orderliness in the town.
“We are not relying on the accounts rendered to the police by the victim’s brother alone.
`We are still going to conduct an investigation to ascertain the veracity of the claim of insanity and the reason behind the killing and the subsequent suicide option taken by Lekan,’’ he said.
NAN
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Infidelity allegation: Wife stabs husband to death in Lagos
A woman, Damilola Ayeni, has been arrested by the police for allegedly stabbing her husband, Olumide Ayeni (36), in the chest, which led to his death. The incident occurred on Saturday night at No 78, Bamgbose Street, Lagos Island, Lagos.
It was learnt that the woman was the third wife of the deceased.
According to friends of the deceased, who have two children, Damilola and Olumide are planning to celebrate their ‘marriage’ anniversary in a few months’ time. Damilola was said to have started a fight with her husband when Olumide got home.
The woman reportedly stabbed the man during the fight. The injured Olumide was rushed to a hospital close to Lagos Island General Hospital, where he eventually bled to death.
The state Police Public Relations Officer (PPRO), CSP Chike Oti, said that Damilola had been arrested while the victim’s body was deposited at the morgue of the same hospital for autopsy. Oti said that preliminary investigation was in progress with a view to transferring the case to the State Criminal Investigation and Intelligence Department (SCIID), Panti, Yaba, for discreet investigation.
The PPRO noted that a man, Sunday Ayeni Omowale, of No 8, Bamgbose Street, Lagos Island, reported at Lion Building Police Station that his son, Olumide Ayeni, of No 78, Bamgbose Street, Lagos Island, was allegedly stabbed by his wife with a knife in the left side of the chest.
Oti added that according to Damilola, the deceased called her on the phone earlier in the evening but she missed his call. “When he came back home about 1a.m., he queried her whereabouts when he called her phone in the evening.
He accused her of infidelity and charged towards her with a knife. She then picked the kitchen knife and stabbed him in self-defence,” the PPRO quoted the woman as saying.
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D’banj returns to social media after son’s death, shares grieving moments
Singer, Daniel Oyebanjo, popularly known as D’Banj has returned to social media, after several weeks of absence, following the death of his son, 13-month-old son Daniel Jr.
Recall that the music act trended on social media when his son drowned in a pool in his house.
On his Instagram page, D’Banj on Thursday shared a sombre photo of himself, revealing that the past few weeks have been a difficult one for his family.
He went on to thank his team and fans for their love.
See his post below:
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Pandemonium in Ebonyi as man machetes father, sister to death
A community in Ebonyi State was on Sunday thrown into pandemonium following the murder of one Nwode Nwignoaka and his seven years old daughter by his 25 years old son, Julius Nwode.
The incident happened at Ifelemenu community, Ekpaomaka in Ikwo Local Government Area of the state.
According to an eyewitness, Julius went berserk killing his father and sister before attacking six other residents of the community who came to intervene in the matter.
He inflicted serious machete cuts on the six other residents of the area before he was later gunned down by a husband of one of the victims of his attack, a source said.
While the reason for his actions could not be ascertained, a source who did not want to be named, said the suspect had taken hard drugs when he came into the house.
An altercation reportedly occurred between him and his father who asked him where he had been.
“When he was attacking his father with machete, Julius’ sister came out and asked him why he was attacking their father. And he descended on her and macheted her to death after killing the father.
“Some neighbours who saw what happened came to the scene. Julius attacked about six of them with the machete. As he was leaving the area wielding the machete, a man called Peter whose wife was among those macheted, went inside his house, brought his gun and shot him and he died instantly,” he narrated.
The corpses of the victims have been deposited at the Federal Teaching Hospital Abakaliki while the injured are currently receiving treatment at an undisclosed hospital in the state.
The spokesperson of the police in Ebonyi, Loveth Odah, confirmed the incident.
She, however, said Julius reportedly killed himself after killing his father and sister.
“The boy is about 25 years and he burns candle and reads some religious books. So he came home and attacked his father and seven years old sister with Axe and machete. Thereafter he killed himself,” she said
She said the police were still investigating the incident and she has not been properly briefed on the number of casualties.
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Defection: Ortom makes political capital out of human graves, celebrates death of his people – Oshiomhole
The National Chairman of the All Progressives Congress (APC), Mr Adams Oshiomhole has said that the party was relieved that Gov. Samuel Ortom of Benue defected to the opposition Peoples Democratic Party (PDP).
“I am relieved as national chairman, and I believe that the leadership of the party in Benue is also relieved that Ortom has left the party and returned to the club he belongs”, Oshiomhole said in an interview with newsmen on Friday..
Oshiomhole lampooned the PDP as a “club whose philosophy is to share the money and not develop communities”.
“We now have a clean platform to search for a clean and credible candidate from Benue, a candidate that can provide leadership that the great people of Benue state deserves. And not someone who seeks to make political capital out of human graves and celebrating the death of his own people,”he said.
Oshiomhole added that as a party, the APC condemns killings by any criminal whether in Benue state or any other part of the country.
He said that the APC accepts that government’s responsibility must be to protect lives and properties.
However, the party will condemn in strong terms anyone in government that seeks to get political capital from the shedding of blood.
He stressed that government at all levels have shared responsibility of protecting Nigerians irrespective of religious, social and political status.
Oshiomhole accused the Benue governor of ineptitude in the discharge of his duties as chief security officer of his state and insisted that Ortom got the party’s ticket,”on a platter of gold”.
This, he said, was especially so, because the governor never participated during the process of the party’s formation.
He added that the party would henceforth, be more thorough on its choice of candidate.
“He became a candidate by accident and the lesson for our party is that never again should anyone become a candidate on our platform by accident.
“It has to be by conscious choice, my aim is that we will have a political party that is defined by clear cut ideology and people will join or abstain from joining on the premise of conviction,”he said.
He added that it was unfortunate that while President Muhammadu Buhari had been to other states in the federation to commission projects, there has been none to commission in Benue.
This, Oshiomhole said, was so because Gov. Ortom had not developed any project since he assumed office, adding that this was one of the complaints the Benue APC leaders brought against him.
The APC national chairman also accused Gov. Ortom of making political gain on the security situation in his state, after allegedly spending heavily on security.
He said that the Benue governor when asked to defend himself following the accusations against him, could not give reasonable explanation.
“Whereas the President and Vice President had visited other states to commission projects, they had only visited Benue on condolence visits.
“It is OK to lament that there is no federal presence. Where is the explanation for the absence of projects in Benue state?
“Ortom’s argument is that he had diverted a lot of funds to security issues ,” Oshiomhole said.
He added that the governor’s, claim of spending so much on security in the state raises more questions.
He noted that while the governor claimed that he had spent N22 billion received from the Federal Government on security, the people of the state were more and more insecure.
Oshiomhole said he felt scandalised watching Gov. Ortom on television saying he had to leave the APC because the party could not protect the state.