By Correspondent in Lokoja.
(C) NDTV.
A Kogi State High Court has sentenced one Muhammad Ali-Shaibu, .also known as “Shapiro,” to death by hanging over his involvement in the deadly Kabawa Old Market cult clash on March 28, 2022, which resulted in multiple deaths and the destruction of properties.
Justice Mohammed Etsu of High Court IV in Lokoja who delivered the verdict on Thursday, however discharged and acquitted 12 other defendants who stood trial alongside Ali-Shaibu.
The Kabawa Old Market clash, which left the community in chaos, saw rival cult groups engaging in violent confrontations that claimed several lives and caused widespread damage to property.
Following the incident, police apprehended Ali-Shaibu and 12 others, accusing them of crimes, including criminal conspiracy, culpable homicide, armed robbery, and mischief by fire, all punishable under the Penal Code Law of Kogi State.
The 12 acquitted 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.
During the trial, the prosecution, led by M.A. Abaji, presented six witnesses and tendered various exhibits, including statements from witnesses and victims.
However, the Defense counsel ,Martin Atojoko and Philip Idiok,argued that the prosecution failed to prove the charges against their clients beyond a reasonable doubt.
Atojoko stated:”The essence of a criminal trial is to ensure that defendants are punished only after the prosecution proves their guilt beyond reasonable doubt.
” In this case, the evidence presented against the 3rd to 10th defendants is riddled with inconsistencies and conjecture. We urge the court to acquit them.”
The court agreed, acquitting the 12 co-defendants due to insufficient evidence
In his judgment,Justice Esu found Ali-Shaibu guilty of all charges, and ruled that the evidence presented by the prosecution clearly linked him to the violent acts during the cult clash.
Justice Etsu emphasized the legal principle requiring the prosecution to prove guilt beyond a reasonable doubt.
The judge said that while the evidence exonerated the 12 co-defendants, it unequivocally implicated Ali-Shaibu, leading to his conviction and death sentence.
He explained that all pieces of evidence pointed to Ali-Shaibu to be fully involved in the Kabawa old market riot of March 28, 2022 and so found him guilty of all the charges labeled 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.
“But having failed in doing so, the other defendants are hereby discharged and acquitted, ” he said.
Edited by Dada Ahmed.
