The convict was also sentenced to death for robbing Olaniyi of two rolls
of peak milk in sachets, valued at N400.
The prosecution counsel, Mr G.
D. Fwonyon, who is the deputy director, Public Prosecution in Plateau State had
told the court that John, in company with an accomplice, also named John, now at
large, robbed the woman on November 18, 2005 in her shop at Gada Biu, Jos at
gunpoint.
He told the court that John and his accomplice, having
allegedly conspired and used a gun to rob Olaniyi, had committed a criminal
offence punishable by hanging.
But John’s counsel, Mr. Tobechukwu
Kekemeke, rejected the prosecutor’s claim, and accused the police of “not
telling the truth about the gun” said to have been used by John.
Kekemeke
pointed out that the police presented three statements, with only the last
indicating a confession by the accused that he used a gun against the
victim.
The defence counsel further argued that the prosecution had
failed to prove to the court that the accused actually used a gun to commit the
act.
He asked the court to throw out the case for lack of diligent
prosecution, arguing that “the circumstances of the third statement, in which
John was said to have admitted ownership of the gun, is suspect.”
In a
60-page judgment, Justice Yargata Nimpa said the evidence before the court had
shown that the accused committed the offence and sentenced John to death by
hanging.
“The accused is hereby sentenced to death by hanging, but the
judgement is liable to an appeal,” Nimpa declared.
Kekemeke told the News
Agency of Nigeria that he would appeal against the verdict.
“The convict
has the right to appeal against the judgment. It is not a judgment that we are
satisfied with, so we are definitely going to appeal at the Court of Appeal,” he
vowed.
Source......
Ascology
