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A Jos High Court sentences 3 persons to death by hanging, defence Counsel not satisfy with judgment

A Jos High Court on Thursday sentenced three persons to death by hanging or by lethal injection for killing one, Joseph Gonsum on December 25, 2015.

The sentence came after the trio were convicted on Friday last week on two-count charge of Conspiracy and Culpable Homicide. The Judge however adjourned until today for sentence.
The convicts are; Terry Kefas, Samson James and Emmanuel Jah. The fourth defendants, Patrick Nyam died last year.
The charges read as follows: Count 1. That you Terry Kefas, Samson James, Emmanuel Jah and Patrick Nyam, on or about 25th day of December, 2015 at Gada Biyu in Jos North Local Government Area, within the Plateau Judicial Division agreed amongs yourselves to do an illegal act wit: Culpable Homicide punishable with death an act which was done pursuant to your agreement and you thereby committed an offence punishable under section 97 of the Penal Code, Cap 89, Laws of Northern Nigeria, 1963.

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County 2: That you Terry Kefas, Samson James, Emmanuel Jah and Patrick Nyam, on or about 25th day of December, 2015 at Gada Biyu in Jos North Local Government Area, within the Plateau Judicial Division did commit Culpable Homicide punishable with death in that you caused the death of one one, Joseph Gonsum by stabbing him with a knife on his stomach with the knowledge that death would be the probable consequences of your act and you thereby committed an offence punishable under section 221 of the Penal Code, Cap 89, Laws of Northern Nigeria, 1963.
African Drum reports that the trial of the convicts commenced since 2016.

The Prosecution called 5 witnesses in the matter. The defendants testified on their behalf and thereafter, did not call any witness. Passing the Sentence on the convicts on Thursday, Justice Arum Ashom said that having convicted the defendants having found them guilty for offence for which they were charged, which is Conspiracy and Culpable Homicide which is punishable with death, and in line with the provisions of section 114 of Administration of Criminal Justice Law 2018, each of the Convicts was sentenced by the court to be hang by the neck or be subjected to Lethal Injection until they are death.
Speaking after the sentence, Prosecution Counsel who is also the Assistant Director, Citizens Right and Law Reform, Ministry of Justice Plateau State John Ishaku Mantu Esq expressed satisfaction for the judgment stressing that it was justice to the society.

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“We have put-in our best to seeing that the matter was well prosecuted and we appreciate the court for seeing reason even with the witnesses that we presented to it and in the end, this matter was decided in favour of the state. They killed an innocent person and the law is trite in Culpable Homicide. Once there is a conviction, it is death, the mandatory sentence which must be given is death sentence”.

However, in his comment, Counsel for the defence, David Adudu Esq expressed dissatisfaction with the judgment.

He said that in the course of the conviction, the judge found the defenders guilty for the offences which they were charged (Conspiracy and Culpable Homicide) which is punishable with death. “In view of that, he sentenced them based on the law. But as Counsel for the convicts, we are not satisfy with the judgment and intend to appeal the judgment at the court of Appeal. We have just 30 days to file Notice of Appeal and thereafter, make neccessary application for transmission of records to the Court of Appeal”, Counsel said.

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