28 October 2015 :

A former police corporal, Smart Udeme, has been sentenced to death by hanging for killing his colleague, one Sgt. Yunusa Isah of Mopol 7 Squadron, Sokoto. Daily Post reports that the 25-year-old was arraigned by the police on November 10, 2008 on a charge of culpable homicide but he pleaded not guilty. However, the prosecution submitted that the offence committed contravened Section 221 of the Penal Code.
The trial judge in Abuja, Justice Mohammed Talba, in his judgment, held that the prosecution had established a case of culpable homicide against the convict.
“It is the law that the burden of proof rest on the prosecution to establish its case beyond reasonable doubt.
“The prosecution can discharge its burden on three grounds, either by direct evidence of eyewitness, confessional statements and circumstantial evidence.
“And even where the trend of events on the importance judiciary reveals that the discretionary powers of a judge is no more exercisable within the ambit of the law,” Talba held.
He however said the accused has the right to appeal.