Justice Lekan Ogunmoye of the Ekiti State High Court sitting in Ado-Ekiti has sentenced a 45-year-old man, Mohammed Isiaka, to death by hanging while two others, Ismaila Musa Okoro (20) and Awolusi Bidemi(23) were discharged and acquitted.
In his judgement, Justice Ogunmoye ruled that there was no iota of evidence before him from which it could be inferred that the other accused persons conspired to commit the offence of murder.
He said the only option opened to him was to hold that the prosecution had not proven the offence of conspiracy beyond reasonable doubt.
He therefore discharged and acquitted the duo while Mohammed Isiaka, the first accused person, was sentenced to death by hanging for murder.
The judge also sentenced him to 10 years imprisonment with a N20,000 option of fine for unlawful possession of firearms and 6 months imprisonment for unlawful possession of Nigerian Army uniform with a N2,000 option of fine.
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According to the charge, Isiaka committed the offence on or about March 27, 2017, at Igirigiri village in Ado-Ekiti when he murdered one Yakubu Jimoh, contrary to Section 316 and punishable under Section 319 of Criminal code Law, cap C16, Section 428(d) of the Criminal code Law, Cap. C16 Laws of Ekiti State of Nigeria, 2012, and Section 3 of the Robbery and Firearm Act, Cap R11, Laws of the Federation of Nigeria, 2004, respectively.
To prove his case, the prosecutor, Mr Gbemiga Adaramola, called six witnesses while exhibits tendered included a gun, Nigerian Army belt and portrait picture, mask, human skull and bones and charms, among others.
The second and third defendants also spoke through their counsels, Otunba Sunday Ochayi and Mr Busuyi Ayorinde, who called one witness each.