A Taraba State High Court has sentenced an Islamic teacher, Mubarak Hassan, to 15 years in prison for the killing of six-year-old Mustapha Ishyaku in Mutum Biyu, Gassol Local Government Area.
Delivering judgment on Friday in Jalingo, the Chief Judge of Taraba State, Joel Agya, found the 27-year-old guilty of culpable homicide not punishable by death.
The court ruled that Hassan would serve 15 years’ imprisonment without the option of a fine, with the sentence taking effect from March 3, 2022—the date of his arrest.
However, Justice Agya discharged and acquitted the defendant of charges related to abduction and kidnapping. He noted that the case, marked TRSJ/29C/2023, was filed on June 20, 2022, by the Office of the Attorney General of Taraba State.
The prosecution had alleged that Hassan abducted the child, killed him, and buried the body in a shallow grave along Dankuturu in Mutum Biyu.
According to the court, the first charge concerned abduction under the Taraba State Kidnapping and Abduction Prohibition (Amendment) Law No. 2 of 2019, while the second charge related to culpable homicide under the Taraba State Penal Code Law, 1997.
During the trial, defence counsel argued that the prosecution failed to prove the allegations of kidnapping and abduction beyond reasonable doubt, citing gaps in the police investigation and the absence of key witnesses. On the homicide charge, the defence also pointed out that there was no eyewitness testimony and that the alleged weapon was not presented in court.
In his ruling, Justice Agya held that although the prosecution did not establish culpable homicide punishable by death, it successfully proved a lesser offence.
“I, therefore, discharge and acquit the defendant on the first count of kidnapping and abduction. I convict you on the second count of culpable homicide not punishable by death. You will serve 15 years imprisonment without the option of fine, effective from the date of your arrest,” the judge ruled.
Reacting to the judgment, the Deputy Director of State Prosecution, Ayiatsipu Johanna, described the ruling as insightful and valuable to legal practice.
Meanwhile, defence counsel Dahiru Modibbo, who had earlier urged the court to temper justice with mercy, indicated plans to appeal the judgment.
