Terna Zwave, Jonathan Gbajime, John Bur, Gabriel Ianna, and Kwaghgba Zaki were charged in 2021 before a Makurdi Magistrates’ Court in Anchoha Village, Gwer-East Local Government Area of Benue.
They were charged with criminal conspiracy, criminal trespass, mischief, and culpable murder, all of which are punished under Benue penal code articles 97, 349, 329, and 222.
According to the prosecution, on October 5, 2021, the guys plotted, trespassed on territory belonging to one Oliver Jato, and chopped down trees to create charcoal.
According to the prosecution, the defendants were then accosted by Abraham Hwange, Peter Agber, and the dead, resulting in a violent struggle.
He said that the inmates murdered Biija.
According to the News Agency of Nigeria (NAN), the matter was finally referred to the High Court based on legal advice.
When the case was called, the first defendant, Zwave, pleaded guilty, while the rest of the defendants pleaded not guilty.
The defendants testified without calling any witnesses, whilst the prosecution brought seven witnesses to support its case.
In his last written statement, prosecution lawyer R.B.N Amenger argued that the rest of the defendants’ plea of not guilty was only a denial.
Amenger stated that the defendants had totally failed to mount a defence to the commission of all of the proved offences, instead focusing on petty denials and technicalities that he claimed were neither important nor fatal to the prosecution’s case.
Defence counsel D.U Liam in his final written addresses, said that the prosecution had not proved its case beyond reasonable doubt to warrant the sentence of the defendants.
However, the trial Justice ruled that the prosecution had proved its case beyond all reasonable doubts, saying that denying the commission of offence did not amount to not committing it.
Kume said the burden of proof rests on the defence counsel, which he failed to achieve.
Kume said he had heard the plea for mercy by the defendants and the statement by their counsel in which the Lord’s prayers were contained in the words.
He stated that the law for which he was bound to apply in the case did not have the grace contained in the Lord’s prayer.
He, therefore, sentenced them to death by hanging on the four counts charge. (NAN)
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