Justice M. M. Gwatana, who delivered the judgment, found the defendant guilty of culpable homicide punishable with death under Section 221 of the Kogi State Penal Code, 2019.
The court held that the prosecution established beyond reasonable doubt that Abbah intentionally inflicted injuries on his father, which eventually led to his death.
The incident occurred on October 5, 2024, after which the defendant was arrested and subsequently arraigned on a two-count charge of culpable homicide and criminal conspiracy under Sections 221 and 97(1) of the Kogi State Penal Code, 2019 (as amended), in case number HCL/01C/2025.
According to the prosecution counsel, Barrister M. Abaji, the defendant stabbed his father in the chest and back during the attack.
The victim was later taken to hospital, where he was confirmed dead on October 9, 2024, as a result of the injuries sustained.
During the trial, the prosecution called nine witnesses, including the deceased’s wife, Hajia Jumai Dahiru, and the defendant’s siblings, Nafisat Dahiru and Auwwal Dahiru.
The prosecution also tendered nine exhibits before the court. They included the defendant’s blood-stained shirt, marked Exhibit P12A; the deceased’s blood sample, marked P12B; a knife, marked P11; a digital forensic report, marked P14; and a CD analysis, marked P15C.
Justice Gwatana noted that the defendant did not call any witness in his defence, apart from an Islamic cleric who testified on issues relating to inheritance.
The judge dismissed the evidence as irrelevant to the case, stressing that the trial concerned culpable homicide and not an inheritance dispute.
The court also observed that three persons mentioned by the defendant as potential alibi witnesses, a tea seller popularly known as Mai Shai, Aunty Ladidi and one Danladi, failed to appear in court to testify.
In his judgment, Justice Gwatana explained that a criminal offence could be established through direct evidence, a confessional statement or circumstantial evidence.
Although none of the nine prosecution witnesses directly witnessed the defendant stabbing his father, the judge held that the circumstantial evidence presented by the prosecution was sufficient to establish guilt beyond reasonable doubt.
The court particularly relied on the blood-stained clothing tendered as evidence and the testimonies of the deceased’s wife and the defendant’s siblings.
Justice Gwatana subsequently declared that the prosecution had successfully proved the charge of culpable homicide against the defendant.
However, the court dismissed the separate charge of criminal conspiracy, ruling that the prosecution failed to provide sufficient evidence to establish it.
Consequently, the judge sentenced Dahiru Yusuf Abbah to death by hanging for the killing of his father.
Reacting to the judgment, defence counsel Mohammed S. Inuwa and Mohammed S. Maihaja said their client would appeal the decision.
They argued that the court relied on evidence they considered inadmissible in reaching its determination.
The convict maintained his innocence and appealed for clemency. However, the head of the deceased’s family, Yusuf Bala, welcomed the judgment, saying the family had no personal grudge against the convict but wanted justice to prevail.
“We have nothing against the defendant, but we wanted justice to be done to serve as a deterrent to others,” he said.
