An Ilorin High Court in Kwara State on Thursday
sentenced a 21-year-old man, Shefiu Abubakar, to 10 years imprisonment for
killing his brother, Babuga Abubakar, with burning wood.
The incident happened in Dona Dogo, Edu Local
Government Area of Kwara State.
Abubakar committed the crime on suspicion that
Babuga was having illicit affairs with his wife.
In his judgment, Justice Durosinlohun Kawu stated
that sometimes in 2015, the convict went to his elder brother's house after
reporting at the police that he was dating his wife.
The trial judge added that Abubakar called his
brother out from his house and hit him on the head with a wood which resulted
in his death on the spot.
The court quoted the convict to have said: "I
did not intend to use the stick to kill him but to defend myself."
The court said the prosecutor has justified section
221 by proving his case beyond every reasonable doubt and established the case
of culpable homicide against the convict.
He said Abubakar used the stick to hit his brother
on the head, not considering the consequence of his action, hence killed
Babuga.
Justice Kawu said the argument that the convict
killed the deceased to save his life is not justified.
After making an interlocutory appeal through his
counsel, Mr. Yusuf Gbajumo, the convict pleaded with the judge to temper
judgment with mercy.
Gbajumo submitted further that the convict is the
bread winner of his house, pleading that the court should be lenient in the
judgment.
According to him, the convict has not gotten any
successor, saying sentencing him to death will mark end of his generation.
Kawu therefore sentenced Abubakar to 10 years in
imprisonment with four years already spent in prison custody included.
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