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Man To Die For Killing Fulani Man - Crime - Nairaland

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Man To Die For Killing Fulani Man by Mekky2010: 4:17pm On Apr 22, 2016
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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Re: Man To Die For Killing Fulani Man by tigerclaws: 4:19pm On Apr 22, 2016
grin

and agatu killers are still roaming about and be treated like kings. that's where you'll see how professional policemen are in handling them with kids gloves they come at night and massacre you kidnap and demand ransom, carry Ak 47 raffle without license rape and destroy farmland and go free not even a word from their own called bullharry yet in all this if you retaliate either you go to jail or sentence to death now they are planning on giving them official license to take your land while you watch and do nothing.

I will never recognize these people as a fellow country men and any right thinking SE/SS that sees all this and still shout and believe in this pit hole Nigeria is a bastard and a product of dog's sperm.
i have said my own
Nigeria is not my country because I can't be part of this impunity and injustice I can never share the same country with licensed murderers

202 Likes 10 Shares

Re: Man To Die For Killing Fulani Man by nnachukz(m): 4:32pm On Apr 22, 2016
Hmm. Who is going to die for killing Agatu people, Argu people and Delta people?

83 Likes 4 Shares

Re: Man To Die For Killing Fulani Man by tigerclaws: 4:38pm On Apr 22, 2016
lalasticlala

3 Likes 1 Share

Re: Man To Die For Killing Fulani Man by Destined2win: 4:48pm On Apr 22, 2016
If you really think this country should be split due to glaring favoritism and injustice, signify by clicking the like button.

429 Likes 10 Shares

Re: Man To Die For Killing Fulani Man by slimpoppa(m): 4:48pm On Apr 22, 2016
How about those that have been killed by Fulani herdsmen

55 Likes

Re: Man To Die For Killing Fulani Man by TopsyKrete: 4:48pm On Apr 22, 2016
Y naa

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

12 Likes 3 Shares

Re: Man To Die For Killing Fulani Man by mhunkey: 4:48pm On Apr 22, 2016
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!

31 Likes 1 Share

Re: Man To Die For Killing Fulani Man by LMAyedun(m): 4:48pm On Apr 22, 2016
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?

69 Likes 2 Shares

Re: Man To Die For Killing Fulani Man by nnadychuks(m): 4:49pm On Apr 22, 2016
M
Re: Man To Die For Killing Fulani Man by philtex(m): 4:49pm On Apr 22, 2016
Nonsense!!! Have you won a soul for christ ? If no, then what are you living for?

12 Likes

Re: Man To Die For Killing Fulani Man by Leopardd(m): 4:49pm On Apr 22, 2016
Chai! cry
Re: Man To Die For Killing Fulani Man by darlenese(f): 4:50pm On Apr 22, 2016
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 !

36 Likes

Re: Man To Die For Killing Fulani Man by DBossNG(m): 4:50pm On Apr 22, 2016
Oga ooo

1 Like 2 Shares

Re: Man To Die For Killing Fulani Man by admax(m): 4:50pm On Apr 22, 2016
I don't have an issue with this judgement as he was found guilty by the law but i need to understand why is this law is selective? We have heard series of mayhem committed by the Fulani's all around the country but i am yet to hear that they were caught and charged to court!

Are the Fulani's ghost that cannot be arrested or too powerful to be arrested?/

59 Likes 4 Shares

Re: Man To Die For Killing Fulani Man by originally(m): 4:50pm On Apr 22, 2016
DAT MAN HAS A JUSTIFICATION FOR HIS KILLING.ANY FULANI CAUGHT AS A KIDNAPPER OR MURDERER SHOULD BE ALSO SENTENCED TO DEATH IMMEDIATELY

10 Likes 1 Share

Re: Man To Die For Killing Fulani Man by mhizbright: 4:50pm On Apr 22, 2016
hmmmmm
Re: Man To Die For Killing Fulani Man by jarvis4: 4:50pm On Apr 22, 2016
Hmmmm.. Welcome to Nigeria
Re: Man To Die For Killing Fulani Man by WebSurfer(m): 4:50pm On Apr 22, 2016
nonsense
Re: Man To Die For Killing Fulani Man by callJesu: 4:51pm On Apr 22, 2016
Injustice is too much seff

3 Likes 1 Share

Re: Man To Die For Killing Fulani Man by Decibel: 4:51pm On Apr 22, 2016
You see what we have been telling the brownies

9 Likes

Re: Man To Die For Killing Fulani Man by siegfried99(m): 4:51pm On Apr 22, 2016
Na wa
Re: Man To Die For Killing Fulani Man by adedam007(m): 4:51pm On Apr 22, 2016
Re: Man To Die For Killing Fulani Man by Nobody: 4:51pm On Apr 22, 2016
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.

8 Likes

Re: Man To Die For Killing Fulani Man by MadCow1: 4:51pm On Apr 22, 2016
Fhuck the free world.. angry



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.

3 Likes

Re: Man To Die For Killing Fulani Man by Pavore9: 4:51pm On Apr 22, 2016
Who will give justice to those murdered in Agatu?

9 Likes

Re: Man To Die For Killing Fulani Man by otitokoroleti: 4:53pm On Apr 22, 2016
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

12 Likes

Re: Man To Die For Killing Fulani Man by chuose: 4:53pm On Apr 22, 2016
na wa, so Fulani kills and nothing happens.

They kill Fulani anywhere they are sent to court and in the East they are locked up.


Now a man is to be hanged for killing a Fulani man.

NIGERIANS IF YOU DONT WAKE UP NOW, YOU NEVER WILL!

9 Likes

Re: Man To Die For Killing Fulani Man by Meti99(m): 4:53pm On Apr 22, 2016
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 FOOLANI 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.

5 Likes 1 Share

Re: Man To Die For Killing Fulani Man by sommyblaze(m): 4:53pm On Apr 22, 2016
ok
Re: Man To Die For Killing Fulani Man by BE811APP: 4:53pm On Apr 22, 2016
how many fulani men will be killed for wiping villages?
Re: Man To Die For Killing Fulani Man by adeb(m): 4:53pm On Apr 22, 2016
Na wa oh.

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