Court sentences man to death for killing father in Kogi

A High Court sitting in Lokoja has sentenced a 24-year-old man, Dahiru Yusuf Abbah, to death by hanging for killing his father, Dahiru Yusuf, in the Sarkin-Noma area of Lokoja.

Delivering judgment on Monday, the presiding judge, Justice M.M. Gwatana, found the defendant guilty of culpable homicide punishable with death under Section 221 of the Kogi State Penal Code, 2019.

The judge held that the prosecution had proved beyond reasonable doubt that the defendant intentionally inflicted fatal injuries on his father, leading to his death.

The incident occurred on October 5, 2024, after which the defendant was arrested and arraigned on a two-count charge of culpable homicide and criminal conspiracy under Sections 221 and 97(1) of the Kogi State Penal Code, 2019 (as amended), in case No. HCL/01C/2025.

Prosecution counsel, M. Abaji, told the court in his written address that the defendant stabbed his father in the chest and back during the attack.

He said the victim was confirmed dead at a hospital on October 9, 2024, from injuries sustained in the attack.

During the trial, the prosecution called nine witnesses, including the deceased’s wife, Hajia Jumai Dahiru (PW1), and the defendant’s siblings, Nafisat Dahiru (PW2) and Auwwal Dahiru (PW3).

It also tendered nine exhibits, including the defendant’s blood-stained shirt (Exhibit P12A), the deceased’s blood sample (Exhibit P12B), a knife (Exhibit P11), a digital forensic report (Exhibit P14) and a CD analysis (Exhibit P15C).

The court noted that the defendant did not call any witness in his defence, except an Islamic cleric who testified on inheritance, which the court dismissed as irrelevant.

“This is a case of culpable homicide, not an inheritance case,” the court held.

The three other persons mentioned by the defendant — a tea seller, Mai Shai, Aunty Ladidi and Danladi — who could have established his alibi for the night of the incident, did not appear to testify.

Justice Gwatana said that in a criminal trial, an offence could be established through direct evidence, such as an eyewitness account, a confessional statement or circumstantial evidence.

He said that under Sections 221 and 97(1) of the Penal Code, the prosecution was required to establish its case with credible evidence.

The judge noted that although none of the nine witnesses saw the defendant stabbing his father, the prosecution had established the case through circumstantial evidence beyond reasonable doubt.

He said Exhibit P12, the defendant’s blood-stained clothes, together with the testimonies of PW1, PW2 and PW3, provided more than 80 per cent of the evidence required to establish the case.

Justice Gwatana ruled: “The prosecution has successfully proved the case of culpable homicide against the defendant,” and consequently found him guilty as charged.

The court, however, dismissed the charge of criminal conspiracy for lack of evidence.

In his final ruling, Justice Gwatana sentenced the defendant to death by hanging for killing his father.

Reacting to the judgement, defence counsel, Mohammed S. Inuwa and Mohammed S. Maihaja, commended the judgement but said their client would appeal, arguing that the judge “relied on inadmissible evidence to arrive at the determination of guilt.”

The head of the deceased’s family, Yusuf Bala, welcomed the judgement, saying justice had been done.

“We have nothing against the defendant, but we wanted justice to be done to serve as a deterrent to others,” he said.