Court discharges man charged with culpable homicide
NAN-H-51
Discharge
By Edith Nwapi
Abuja, June 12, 2017 (NAN) An FCT High Court, Maitama, on Monday discharged one Sunday Momudu, charged with culpable homicide and criminal conspiracy.
Momodu and three others now at large, were alleged to have on May 17, 2014 at Durumi Abuja, conspired among themselves and killed one Chidi Okpara.
These offences contravened the provisions of Sections 97 (1) and 221 (a) and (b) of the Penal Code.
The judge, Justice Peter Affen in his ruling on a no- case- submission filed by the defendant, held that the prosecution failed to establish a prima facie case against the defendant.
“There is no evidence to proof that an essential element has been made in the allegation of the commission of the offence.
“The evidence should be of the nature that will compel the court to enter judgment against the accused.
“There must be clear and unequivocal evidence that the deceased died as a result of the act of the defendant,’’ the judge said.
He said that a charge of culpable homicide cannot be established without meeting the essential elements as spelt out in Section 122 of the Penal Code Law.
“Accordingly, I hereby record an order discharging the defendant, Sunday Momodu of the case of culpable homicide preferred against him“the judge ruled.
(NAN)
NEO/JIE/OU
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Edited by Julius Enehkhuere