7-year-old herdsman sentenced to death

A Kogi State High Court sitting in Lokoja yesterday convicted a 17-yearold cattle breeder, Haruna Usman. He was found guilty of stabbing Happy David following an argument thereby committing culpable homicide.

Usman, a Fulani boy, faced a onecount charge of culpable homicide, punishable with death under Section 221 of the Penal Code.

The offence was committed on July 28, 2015 at Emiworo village in Ajaokuta Local Government Are of Kogi State. To prove its case against the convict, the prosecution called six witnesses and tendered six exhibits.

Usman, on the other hand, gave evidence for himself and called only two witnesses.

While delivering his judgement, the state Chief Judge, Justice Nasiru Ajanah, found him guilty of the offence punishable with death under Section 221 of the Penal Code

Usman, who was about 15 years when he committed, stabbed David to death while trying to graze on the farm of the parents of the deceased.

The prosecution had told the court that the deceased, a residence of Emiworo in Ajaokuta Local Government, told the convict not to graze his cattle on the farmland, saying chemical had been sprayed on the land and could harm cattle. It was added that as the deceased turned to leave, Usman stabbed David at the back and ran away.

The mother of the deceased, who was the second prosecution witness, told the court that he died as a result of the stabbing.

Justice Ajana, however, held that after the prosecution and the defence had presented their cases, the prosecution was able to prove its case that Usman killed David.

He said the doctor’s report presented before the court also corroborated the fact that “a penetrating object that caused the laceration had also pierced the diaphragm” of the deceased.

He said: “I am therefore convinced from the evidence of the PW2, the picture of the deceased (exhibit 1) and the medical report (exhibit 2) tendered by the prosecution which established the fact the deceased was stabbed in his stomach area by the vicious and unprovoked act of the accused, that the said accused intended the natural consequence of his act.”

“I am therefore also convinced that the prosecution has proved the third ingredient of the offence of culpable homicide beyond reasonable doubt.


I, therefore, in the circumstance of this case, find the accused guilty of the offence of culpable homicide punishable with death under Section 221 of the Penal Code.”

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