An ex-police corporal, one Smart Udeme, who reportedly killed his colleague, one Sgt. Yunusa Isah of Mopol 7 Squadron, Sokoto, was Tuesday, sentenced to death by a Federal Capital Territory High Court.

According to reports, the 25-year-old was arraigned by the police on November 10, 2008 on a charge of culpable homicide but he pleaded not guilty. However, the prosecution submitted that the offence committed contravened Section 221 of the Penal Code.

The trial judge, Justice Mohammed Talba, in his judgment, held that the prosecution had established a case of culpable homicide against the convict.

Talba said, “It is the law that the burden of proof rest on the prosecution to establish its case beyond reasonable doubt.

“The prosecution can discharge its burden on three grounds, either by direct evidence of eyewitness, confessional statements and circumstantial evidence.

The trial judge also added that it was crystal clear that the law does not provide for any exercise of discretion in passing sentence.

“And even where the trend of events on the importance judiciary reveals that the discretionary powers of a judge is no more exercisable within the ambit of the law,” Talba held.

“I am therefore constrained to impose the sentence as provided by the law. Consequently, I therefore, sentence the convict to death by hanging.

Meanwhile, Talba said that the convict had the right to appeal against the judgment of the court.