Justice Abiodun Adesodun, in the court judgment, said, “The circumstances of this case do not allow for a recommendation of clemency to the governor on behalf of the accused.
“Therefore, the defendant is hereby sentenced to death by hanging, may the Lord have mercy upon his soul,” the court ordered.
The defendant, now condemned person, was said to have committed the offence on or about September 13, 2018, at Iroko Ekiti in Ijero Council area of Ekiti State when he murdered one Ajayi Adewole, contrary to Sec.319 of the Criminal Code Law, Cap.C16, Laws of Ekiti State, 2012.
An eye witness, who was with the deceased, had told the court, “The defendant had been stealing the deceased’s yam for a long time, but on that fateful day, they went to hide in the farm in order to arrest the culprit.
“About 2:00 a.m, they saw the defendant carrying hunting lamp on his head, pretending to be hunting and started uprooting yam, the deceased shouted his name, to evade arrest, he shot the deceased at close range and ran away, though, he was rushed to Ijero Ekiti Specialist Hospital where he was confirmed dead,” the witness said.
The prosecutor, Mr Olawale Fapohunda, who is the Attorney General of Ekiti State, had called four witnesses, the Investigating Police Officer and a medical doctor to prove his case.
The exhibits tendered in court included a Dane gun, photographs of the deceased, five tubers of yam, and the confessional statements of the defendant among other documents.
The defendant had testified in his own defence through his lawyer, Mr Yinka Oyeleke, and called no witnesses.