LOKOJA- A State High Court in Kogi, on Thursday sentenced one Muhammad Ali-Shaibu to death over the March 28, 2022 cult clash in Kabawa Old Market.
Delivering judgment, Justice M. Esu, also discharged and acquitted 12 other persons tried alongside with Ali-Shaibu over the case.
The 12 defendants are Mustapha Usman, Ademu Suleiman, Muhammed Usman, Ayuba Tamasani, Usman Liman, BABA Umar, Abdulrafiu Abbas, Muhammed Abubakar Abdullahi Usman, Usman Mohammed, Aliyu Ibrahim and Abubakar Jimba.
The defendants were alleged to have committed Criminal conspiracy, Brigandage with culpable Homicide, Armed Robbery and Mischief by Fire contrary to and punishable under Sections 97, 302, 298(c), and 337 of the Kogi State Penal Code Law.
Justice Esu held that all evidence pointed at Ali-Shaibu to be fully involved in the Kabawa old market riot of March 28, 2022 and so found him guilty of all the charge against him.
He further said that by virtue of the combined effect of the provision of section 36(5) of the Constitution of the Federal Republic of Nigeria (as amended) and section 135(1) of the Evidence Act, 2011, the prosecution had the burden to prove the guilt of other 12 defendants in the case beyond reasonable doubt.
“Having failed in doing so, the other defendants are hereby discharged and acquitted, ” he said.
They had pleaded not guilty to all the charges labeled against them.
The Prosecution called six witnesses and tendered various Exhibits, statements of witnesses/victims of the alleged crimes.
The defendants testified in their defence with 3rd to 11th Defendant calling one witness and then closed their case on Nov. 11, 2024
The third to the 10th defendants, through their Counsel, Martin Atojoko, and Philip Idiok had denied all the allegations.
They prayed the court to dismiss their clients because the prosecution had failed to prove beyond reasonable doubt that they committed an offence.
The News Agency of Nigeria (NAN) reports a riot broke out in Kabawa Old Market in Lokoja on March 28, 2022.
The police said four persons were killed and several others injured when two rival groups between the ages of 13, 14, and 15 years old engaged themselves in free for all which led to the killing and burning of houses in the area. (NAN)
