BY UTHMAN BABA-NASEER,MINNA
A Sixteen years old girl is to spend the remaining parts of her life behind the correctional facility after been found guilty of Culpable homicide punishable under section 221 of the penal code.
Miss Joy Afekafe was found guilty of Coursing the death of Dr.(Mrs Funmilayo Sherifat Adefolalu a lecturer with the Federal University of Technology (FUT) Minna, in Niger State on the 28th, October 2023 in her Gbaiko residence.
Justice Mohammed Adishetu Mohamed of Minna High Court number four who pronounced the Judgement on the teenager averred that the Prosecutor has proved the case of armed robbery
and culpable homicide against her.
The two count charges according to the principal state counsel in the office of the Attorney General of Niger State of armed robbery and culpable homicide were punishable under section 221 and 298 of the Penal Code.
Joy Afekafe was a house maid to the late Dr. Funmilayo Adefolalu between 2nd October 2023, and she was engaged by one Pastor Ojo Peters of the Voice of Mercy Church which the late Dr. Funmilayo and the Mother of bJoy attend.ll
While staying with the late Dr.Funmilayo in her Gbaiko residence as her house maid, Joy started stealing her property and money in foreign currency which made the late Dr Funmilayo send her packing from her houseak
She then engaged the Service two of her friends namely Dj Wallex and DJ Smart to deal with her for sending her out of her house.
In her Statement to the men of the Homicide Squad of the state Criminal investigation and intelligence Department (SCIID) of the Niger State Police Command the convict gave the vivid pictures of how the two of her accomplice who are now at large used kinves to stamped her Severally and in the process of defending her self the deceased hit them with stool.
They collected the stool from her and smatched her on her head and she fell down and died instantly while DJ Wallex and DJ Went in her bedroom carted away two cellphone, laptop and three hardcurrency.
Delivery his Judgement which lasted for over two hours, Justice Mohammed Adishetu Mohammed said the Prosecutor was able to established the two count charges of armed robbery y culpable homicide against the convict and she found guilty as charged.
Reviewing the evidences and the statements of the convict, Justice held that the sole issue formulated is hereby resolved against the convict and in favour of the Prosecution.
" On the whole and for all the reasons Stated in this judgement,I hold that the prosecution was à ble to prove beyond reasonable doubt, that: Dr. Mrs Funmilayo Sherifat Adefolalu is dead.
" That the dead of Dr. Mrs Funmilayo Sherifat Adefolalu was caused by the convict with her friends, now at large, when they used knives to stab her Severally and eventually hit her with wooden stool on her with the intention to kill her.
" From the evidence before me I'm satisfied that the Prosecution has proved the offences of culpable homicide punishable with death and armed robbery against the convict.
" From the statement of the convict before the state Criminal investigation Department (SCIID) Minna, which was made on 3rd November,2023, and her evidence before this court, the convict was fourteen years old as the time the offences were commited
" Although, she is now sixteenn years old. By the provisions of section 221 of the penal code, laws of Niger State 1989, whosoever is found guilty of Culpable homicide punishable with death shall be sentenced to death by mehod to prescribed by the trial judge." Justice Mohammed Adishetu Mohammed stated.
He further held that " where the convict is less than eighteen years as at the time of the commission of the offence sentence of death shall no be pronounced or recorded but the court shall sentence the person to life Custodial or to such other terms"
He then sentenced her to life in a custodial centre for the offence of culpable homicide and ten years in a custodial centre for the offence of armed robbery.
