By Alexandra Oladipo
The Judge, Justice Baba Idris in his judgment, held that Bashiru was not guilty of the offence preferred by the Commissioner of Police.
According to him, the prosecutor has not proved his case beyond any reasonable doubt as required by law.
“It is my humble view that the admission of the defendant to hit the deceased with a stick cannot ease the burden placed on the prosecution in proving the case beyond reasonable doubt.
“Consequently, I hold that the prosecutor has failed to prove the case of culpable homicide punishment with death against the defendant beyond reasonable doubt,” Baba said.
Idris submitted that having resolved that the prosecutor could not prove his case, the defendant is accordingly discharged and acquitted.
The Prosecutor, Mr Dabo Yakubu, had informed the court that the defendant committed the offence on Aug. 8, 2016 at Kuje in the FCT, Abuja.
He said that the defendant hit one Abdullahi Rufa’i while riding his motorcycle for commercial purpose.
The prosecutor added that the defendant hit Rufa’i on the head with a stick, which caused his death, adding that the offence contravened Section 221 of the Penal Code.
He also said that while Rufa’i was on the ground, his friends sighted him and then mobilised themselves to start beating the defendant.