A High Court sitting in Jalingo has sentenced a 27-year-old Islamic teacher, Mallam Mubarak Hassan, to 15 years imprisonment for the killing of a 16-year-old boy, Mustapha Ishyaku.
The incident occurred in Mutum Biyu, within Gassol Local Government Area.
Delivering judgment on Friday, the Chief Judge of Taraba State, Justice Joel Agya, convicted Hassan for culpable homicide not punishable by death and sentenced him to 15 years imprisonment without an option of fine.
Justice Agya said the case, marked TRSJ/29C/2023, was instituted on June 20, 2022, by the Office of the Attorney General of the state. He noted that the defendant was arraigned on a two-count charge bordering on abduction and culpable homicide under relevant provisions of the Taraba State Kidnapping and Abduction Prohibition (Amendment) Law No. 2 of 2019 and the Penal Code Law of Taraba State, 1997.
The court heard that the prosecution alleged Hassan abducted the victim, murdered him, and buried his body in a shallow grave along the Dankuturu area of Mutum Biyu.
However, the judge held that the prosecution failed to prove the allegation of kidnapping and abduction beyond reasonable doubt. He also noted the defence’s argument that the police investigation was flawed and that key witnesses were not called to testify.
On the charge of culpable homicide, Justice Agya said the prosecution did not establish a case warranting the death penalty, citing the absence of an eyewitness account and the failure to tender the alleged murder weapon in evidence.
He ruled, however, that despite what he described as weak evidence, the prosecution sufficiently proved culpable homicide not punishable by death.
Reacting to the judgment, Counsel to the defendant, Dahiru Modibbo, who had earlier urged the court to temper justice with mercy, said he would appeal the judgment.
