A Delta State High Court sitting in Issele-Uku has sentenced three persons to death for robbing and killing a farmer, Mr Felix Uzor Biose, on June 9, 2014, on his farm.
The three suspects; Luka Sunday, Danjuma Kaika and Luka Agu, were handed the death sentence by Justice Celestina Ogisi on four counts.
In a statement by the Head of Protocol/Public Relations Department, High Court of Justice, Mr Agbaragu Timothy, on Friday said the accused persons had been arraigned since February 18, 2016 on charges bordering on conspiracy, murder and armed robbery.
The crime is punishable under sections 324 and 319 (1) of the Criminal Code Law Cap. C 21 Vol. 1, Laws of Delta State, 2006; and sections 6 (b) and 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act 2004 respectively.
According to the prosecution and confessional statements of the first and second accused persons, the deceased, who was from Onicha-Ugbo in Aniocha North Local Government Area of Delta State, was murdered on June 9, 2014 on his farm.
โThe accused persons hit the deceased all over his body, with a wood, including head and neck, and when they found him dead, they dumped his corpse in a shallow well on his farm. They thereafter stole his car. The convicts had earlier pleaded not guilty to all the counts.โ
The prosecution had called six witnesses and tendered 15 exhibits to prove his case, while the accused persons testified and called no witness.
Justice Ogisi, while delivering judgment on the case, dismissed the submissions of the defence counsel urging her to discharge and acquit the accused persons, who sought to retract their extra-judicial confessional statements given to the police.
The trial judge contended that such denial was an attempt to throw dust into the eyes of the court.
The court further held that their statements to the police were direct, positive and had been properly proved.
It added, โWhile pronouncing verdict of guilty on the 1st and 2nd accused persons on all four counts, the court convicted the 3rd accused person on Count 1 and 11 (conspiracy to commit murder and armed robbery).
โBy virtue of section 6(b) of the Robbery and Firearms (Special Provisions) Act under which the accused persons are charged, it is immaterial whether the offender is found guilty as a principal offender or as a participant, as an abettor or a person, who has procured the commission of the offence, is convicted and punished as a principal offender.โ
The judge, therefore, held that the prosecution had proved the offence of conspiracy to commit murder and armed robbery against the three accused persons beyond reasonable doubt.
