By Tobi Soniyi
The Supreme Court has affirmed the death sentence handed out to a farmer and father of five, James Afolabi, by the Kogi State High Court and the Court of Appeal.
In a unanimous judgment delivered on Friday, a five-man panel of the apex court held that there was no basis to disturb the concurrent finding of the trial and lower courts in their previous judgments.
Afolabi, from Kogi State, was convicted and sentenced to death by the Kogi State High Court, Lokoja in 2012 having been found guilty for the murder of a Fulani man, Abubakar Mohammed.

The court relied on Afolabi’s confessional statement to the police, where he claimed to have shot Mohammed on the chest for straying into his (Afolabi’s) yam and cassava farm on February 27, 2009.
The Court of Appeal, Abuja on March 22, 2012 dismissed his appeal and upheld the decision of the trial court, a decision he appealed to the Supreme Court.

On Friday, Justice John Inyang Okoro, in the lead judgment in the appeal marked: SC/181/2012, held that although the prosecution could not produce an eye witness at trial, it provided sufficient evidence, through its witnesses, “which gave vent to the confession of the appellant.
“And in any case, this court held in Mohammed v State (2007) 11 NWLR (pt 1045) 303 at 230 paragraph F that where an accused person confesses to a crime, in the absence of an eye witness of the killing, he can be convicted on his confession alone.
“For all I have said, I hold a strong view that the court below was on a strong wicket when it upheld the conviction and sentencing of the appellant upon reliance on his confessional statements,” he said.

Justice Okoro also sided with the lower court in concluding that the intention of the appellant was to kill the victim.
“In the instant case, the appellant states emphatically, in Exhibit D (confessional statement), adjudged to have been freely and voluntarily made, that he aimed his gun at the chest of the deceased at close range and shot him.
“It was his further evidence that the deceased fell down and could not move again. At that point, he ran to the village head and reported that he had killed a man.

“In the circumstance, did he intend to kill the man? I had earlier stated in this judgment that a person is taken to intend that natural and probable consequences of his act.
“So, when the appellant aimed his gun at the chest of the deceased and shot it, did he intend to keep him alive? I do not think so. At least he intended to cause him grievous bodily harm.

“And, in view of the force of a gunshot aimed at the heart, the engine room of a man’s life, it can safely be concluded that the appellant intends to kill the deceased on his action, the report he made to the village head notwithstanding.

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http://www.thisdaylive.com/index.php/2016/04/22/man-to-die-for-killing-fulani-man/

Hmm. Who is going to die for killing Agatu people, Argu people and Delta people?

lalasticlala

If you really think this country should be split due to glaring favoritism and injustice, signify by clicking the like button.

How about those that have been killed by Fulani herdsmen

Y naa

But it is allowed that the herdsmen should go on rampage killing anyone in their way. Shame

What the fvck is this !!!
Is the fulani man not a nigerian ?
we all know murder means death sentence
The fact there are bandit amongst the fulanis doesn't mean every fulani man is evil !!!!


You don't expect me to refer to every ND man as a militant !!


The headline should be changed please !
Stop dividing us for fvck sake!

That man mustn't die!
Who will die for the Ondo state farmers' killings?
Who will die for the Agatu killings?
Who will die for the Kogi west killings?
Who will die for the Oyo state killings?

I will rather die with this Man than watch this injustice go just like that..

Who is with me on this?

M

Nonsense!!! Have you won a soul for christ ? If no, then what are you living for?

Chai!

How many Fulani herdsmen has been sentenced to death?
I see a bias governent

If the man didn't kill the Fulani man for trespassing into his farm, I'm certain the Fulani herdsmen would have killed him as well,
Its disturbing that they hv to make such decision
,
What is wicked government !

Oga ooo

DAT MAN HAS A JUSTIFICATION FOR HIS KILLING.ANY FULANI CAUGHT AS A KIDNAPPER OR MURDERER SHOULD BE ALSO SENTENCED TO DEATH IMMEDIATELY

hmmmmm

Hmmmm.. Welcome to Nigeria

nonsense

Injustice is too much seff

You see what we have been telling the brownies

Na wa

Destined2win:
If you really think this country should be split due to glaring favoritism and injustice, signify by clicking the like button.

How would you split the country?

I really want to know.

On to the case...

On Friday, Justice John Inyang Okoro, in the lead judgment in the appeal marked: SC/181/2012, held that although the prosecution could not produce an eye witness at trial, it provided sufficient evidence, through its witnesses, “which gave vent to the confession of the appellant.
“And in any case, this court held in Mohammed v State (2007) 11 NWLR (pt 1045) 303 at 230 paragraph F that where an accused person confesses to a crime, in the absence of an eye witness of the killing, he can be convicted on his confession alone.
“For all I have said, I hold a strong view that the court below was on a strong wicket when it upheld the conviction and sentencing of the appellant upon reliance on his confessional statements,” he said.

Justice Okoro also sided with the lower court in concluding that the intention of the appellant was to kill the victim.
“In the instant case, the appellant states emphatically, in Exhibit D (confessional statement), adjudged to have been freely and voluntarily made, that he aimed his gun at the chest of the deceased at close range and shot him.
“It was his further evidence that the deceased fell down and could not move again. At that point, he ran to the village head and reported that he had killed a man.

“In the circumstance, did he intend to kill the man? I had earlier stated in this judgment that a person is taken to intend that natural and probable consequences of his act.
“So, when the appellant aimed his gun at the chest of the deceased and shot it, did he intend to keep him alive? I do not think so. At least he intended to cause him grievous bodily harm.

“And, in view of the force of a gunshot aimed at the heart, the engine room of a man’s life, it can safely be concluded that the appellant intends to kill the deceased on his action, the report he made to the village head notwithstanding.

From the above subject matter...

1.The fulani guy strayed into Mr Afolabi's farm

2.Mr Afolabi shot him.

3.I am not a lawyer...but for a case of self defence, the defendant would have had to establish that his life was reasonably at that point in danger from the Fulani man at that point in time. Seems like the Fulani gent was not armed.

4.The question for the court was ''Did Mr Afolabi intend to kill the Fulani man when he aimed his gun at him? The Court says...yes. (Personally, I think he did not intend to kill him....but what do I know? No witnesses).

5.In conclusion....tough case.

6.To those saying that the court is being partial...if the Court had ruled in favor of Mr Afolabi....it would have meant that if you accidentally trespass on a farmer's farm....and the farmer shoots you dead....your family could have a difficult time pursuing a case of murder (Our legal system is based on English common law....which is precedent heavy)

7.Mr Afolabi should not have shot the fulani...but should have reported the case to the Police. How the Police and our legal system would have handled the case if that had happened is a subject for another day.

8.While not jsutifying murder. I think that Mr Afolabi has been let down by the system. He at the very least deserves a pardon.

9.While we shout about Agatu....rightly...we should also remember that Fulanis too get killed and their cattle stolen. And most times, they too get poorly served by the law...which leads them to take the law into their own hands...and thus Agatu.

Bunny ears lawyer QT 's summation.

Fhuck the free world..



where he claimed to have shot Mohammed on the chest for straying into his (Afolabi’s) yam and cassava farm on February 27, 2009.


In fairness, he deserves jail time for shooting an unarmed man. That is straight MURDER 1.

But what I don't understand is if the Man did not have the right to shoot a trespasser?

But if the trespasser had no formal warning or a sign warning him not to trespass, then I guess it could be argued that he didnt know he was trespassing.

Under what conditions did the Farmer open fire on the Herdsman? ...



Pfft.. The law is a biicth no doubt.

Who will give justice to those murdered in Agatu?

God bless you Nnamdi Kanu. In as much 2 wrongs cannot make a right, how many fulani terrorist has been convicted so far? Nigeria is not one

I think Nigerians have been too irresponsive to the excesses of these FOOLANIS' animals.

If we really want this MESS TO STOP
Let us stop been too DEFENSIVE.

Let us also retaliate every killings of innocent nigerians IN Fulani COMMUNITIES IN THE NORTH.

It should be EYE FOR EYE.',

We have been too fearful of those animals..

You will see that these nonsense will stop.
If not we will only be making noise on S.M.
And this govt will not do anything.

Let any affected community in the south also organise orchestrated attacks in the north...


Awon omo irankiran..

NONSENSE.

ok

how many fulani men will be killed for wiping villages?

Na wa oh.