A 27-year-old Islamic teacher, Mallam Mubarak Hassan, has been sentenced to 15 years in prison for the death of six-year-old Mustapha Ishyaku in Taraba State.
On Friday, Chief Judge Joel Agya delivered the verdict in Jalingo, finding Hassan guilty of culpable homicide.
However, the judge cleared him of the kidnapping and abduction charges that the state had originally brought against him.
The 15-year term officially began on March 3, 2022 the day Hassan was first arrested and the court made it clear there is no option to pay a fine instead of serving time.
The prosecution had alleged that Hassan abducted the young boy and buried him in a shallow grave. The defense, however, argued that the investigation was flawed, noting that there were no eyewitnesses and the weapon used in the killing was never produced in court.
Ultimately, Justice Agya ruled that while the evidence didn’t support a death sentence, it was enough for a homicide conviction. The judge told the court:
“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,”
Following the sentencing, the Deputy Director of State Prosecution, Mrs. Ayiatsipu Johanna, described the court’s reasoning as “insightful and beneficial to legal practice.” On the other side, the defense counsel, Dahiru Modibbo, isn’t satisfied with the outcome.
Even though he had previously asked the judge to “temper justice with mercy,” he now intends to appeal the 15-year sentence.