The Supreme Court has ordered the execution of a policeman, Emmanuel Ochiba who killed a passerby, Godwin Momoh, along Tafawa Balewa Street in Jos, Plateau State on September 12, 2001.
Five justices of the court, while dismissing Ochiba’s appeal, said that he had not shown any reason why his conviction for culpable homicide should be overturned.
Delivering the judgment, Justice Mary Peter-Odili, held that, “There being nothing upon which I can upset what the court below did, I dismiss this appeal and uphold the decision of the court below”
Ochiba had approached the apex court with a prayer to quash the June 29, 2010 decision of the Court of Appeal, Jos Division, which affirmed his conviction and sentence for the offence of culpable homicide.
Peter-Odili recalled the facts of the charge against the appellant which arose from an event leading to the murder of Momoh.
She said that the incident occurred when the deceased, together with one Jonathan Mawiyau and Chukwudi Achi were walking to their homes at Langtang Street, Jos.
According to her, Mawiyau had testified at the trial court that he, Achi and the deceased were stopped by some police officers including the appellant.
The police officers ordered them to come and also instructed them to raise their hands. The trigger-happy Ochiba was said to have collected a gun from one of the officers close to him and shot Momoh in the chest, leading to his instant death.
Peter-Odili stated that evidence was given to the effect that Ochiba had entered a shop where he bought alcoholic drink which he drank in the presence of his fellow police officers.
The judge further said: “This court can only interfere with the concurrent findings of the two lower courts if the findings were perverse and that is not the case here.”
The trial high court in Jos presided over by Justice Yartaga Nimpar had convicted the appellant for the same offence on November 9, 2005.-DAILY TIMES
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