Delivering his judgment, Justice Abubakar Talba held that the prosecution had established a case of culpable homicide against Obanla. Pleas by the defence counsel, Mr. C. N. Nosike, were turned down as the judge insisted that Section 221 of the Penal Code did not grant him any room for discretion in such a matter.
He said, “The court will fail in its duty if it is incapable of imposing necessary punishment commensurate with the offence committed. There have been incessant killings of innocent citizens of the country in this manner. I, therefore, sentence Obanla Julius to death by hanging.”
The Attorney-General of the Federation and the Minister of Justice, Mr. Mohammed Adoke (SAN), had in a one-count charge accused Obanla of commiting culpable homicide under Section 221 of the Penal Code of Northern Nigeria. He was accordingly charged with killing Haruna at the Federal Housing Authority Road junction in Kubwa, a satellite town in Abuja, on May 2, 2002.
The confessional statement obtained from Obanla said Haruna was driving a Honda Car when he ignored an order to stop for a check at about 12.30am. The attitude of the deceased was said to have infuriated the policeman, who then shot him dead with an AK 47 rifle.
Although the court noted that the statement deposed to by the policeman in Kubwa Police Station partly corroborated with the accused person’s testimony in court, it, however, noted that Obanla intentionally shot Haruna dead. The judge noted that the policeman only imputed some stories in the court in order to escape justice.
The officer in charge of patrol in Kubwa, Mr. Baba Shehu, had testified that the suspect was posted to AP Filling Station situated directly opposite Kubwa FHA Road junction. While Shehu was on patrol, he met Obanla at the junction on illegal duty and asked him to leave for his duty post.
Some minutes after driving away from the spot, Shehu said he heard a gunshot, which prompted him to return. On getting to the scene, he inquired about the gun shot but none of the policemen said anything until Obanla owned up to his action.
Obanla said he shot Haruna for refusing to stop for a check. Although the judge lampooned the prosecutor, Mr. Femi Olujinmi Jnr, for displaying a ‘high degree of incompetence,’ he said the evidence showed that the deceased was shot dead by the corporal.
Justice Talba said, “There is no better evidence to show who and what caused the death of Shagari Haruna. Exhibit ‘A’ was admitted in evidence where he (Obanla Julius) confessed that he killed Shagari.
“It was made voluntarily and it has passed the admissibility test of evidence. Besides, it was the intention of the accused to kill the deceased.”
Nosike, however, told journalists after the court session that he would appeal the judgment, adding that his client had been in custody for over eight years.
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