FROM MIJINYAWA BABA-UTHMAN MINNNA
Justice Halima Ibrahim Abdulmalik, Wednesday, tried hard to control her emotions while delivering a Judgment in a case of culpable homicide against Stephen Jiya who set his biological mother ablaze to death.
She however sentenced him to death by hanging after he was found guilty of culpable homicide punishable under sections 221 of the penal code law which attract the death penalty.
Stephen Jiya, was arraigned by the office of the Attorneys General of the state Ministry of Justice for setting his biological mother Mrs Comfort Jiya a retired Director in the Niger State Ministry of Education ablaze sometime in November 2022 .
He was formally arraigned be for Justice Halima Ibrahim Abdulmalik by the legal teams of Attorney General and Commissioner for Justice in the 14, of September, 2022 while hearing into the case commenced on the 23, of November 2023.
The Director of Public Prosecution (DPP), advised that he should prosecuted in accordance with the provision of Section 221 of the penal code which attract death penalty.
Justice Halima Ibrahim Abdulmalik,while analyzing the case pointed out that all the ingredients will indicates that the convict was responsible to the crime leveled against him was established by the Prosecutor.
In addition, all the evidences and prosecuting witnesses who testified before the court, were able proved that the convict was responsible to the killing of his biological Mother Mrs Comfort Jiya according to Justice Halima Ibrahim Abdulmalik.
Equally, Justice Halima Ibrahim in her Judgement further avered that without any iota of doubt, the convict was the only person at home when the crime was committed even with the exclamation of the victim, that "Baba Woga mi Wu Baba you are killing me"
With all the evidences tendered before the court, " I don't have any iota of doubt in my that the convict was guilty of culpable homicide punishable under sections 221 of the penal code as charged".
She said the prosection has proved its case against the defendant beyond every reasonable doubt and she was convinced with all the testimonies of the prosecuting witnesses.
" On the whole, the prosection has proved its case beyond every reasonable doubt against the defendant I hereby found you Stephen Jiya guilty of the offence of culpable homicide with death contrary to section 221 of the penal code accordingly.
"What do you have to say before I passed my sentence on you" ? She asked.
While pleading for leniency, the convict pleaded with the court to temper justice with Mercy while convicting him saying,
" I'm a family man I have a wife and children. Give me second chance I will be a product of good society.
" My Lord have mercy on me. Temper justice with Mercy. I promised to change for good" he pleaded.
While passing her Judgement which lasted for over one hour, Justice Halima Ibrahim Abdulmalik said her hands are tired the punishment for culpable homicide given the judge descretion in sentence it is death.
" In the circumstances the sentence of the court upon you is that you should be hanged by the neck, electrocuted, executed, or injected with lethal injection until you are death. May the Lord have mercy on your soul" Justice Halima Ibrahim Abdulmalik in an emotional laden tune delivered her Judgement.
