9th March, 2017
A Lokoja Chief Magistrate’s Court has remanded two brothers, Adamu Yahaya, 20 and Mumuni Yahaya, 25, in prison custody over the death of five fellow Fulani herdsmen.
The duo are accused of using machetes to kill the five persons.
Mr Levi Animoku of Lokoja Chief Magistrate’s Court I, gave the remand order after the duo appeared before him on Thursday.
Animoku held that the charges of culpable homicide against the two herdsmen carried death penalty upon conviction, and declared that Section 341(1) of the Criminal Procedure Code (CPC) precluded the court from granting bail in the circumstance.
“The presumption of innocence does not exonerate the accused; so, the cannot be granted bail,” he said.
The Chief Magistrate ordered that the accused be remanded at Federal Prisons, Dekina and urged the prison authorities to ensure that they were treated of their head injuries.
Animoku also directed that the case be transferred to Chief Magistrate Court, Dekina and adjourned the matter to March 16, for mention.
The prosecuting police officer, Mr Tuesday Ganagana, who read the First Information Report (FIR), had told the court that the accused were arraigned on a two-count charge of criminal conspiracy and culpable homicide.
He said that the offences contravened sections 97(1) and 221(a) of the Penal Code law.
Ganagana said that the case was reported by one Babangida Usman, chairman of Miyetti Allah Cattle Breeders Association, Ikende, in Bassa Local Government of Kogi, on February 15.
Ganagana told the court that at about 2 p.m. on the said date, the herdsmen were holding a meeting with their Ardo (leader) in Ikende, when the accused and others, now at large, invaded the meeting with offensive weapons, including gun and cutlasses.
The prosecutor alleged that the accused allegedly attacked and inflicted machete cuts on Ahmadu Yusuf, 30; Abubakar Mallam, 30; Abubakar Ahmadu, 18; Isah Ahmadu, 27 and Ruwa Alhaji, 20.
Ganagana said that the injuries led to the death of the five herdsmen, adding that investigation into the case was still ongoing.
He asked the court to adjourn for mention, but opposed admission of the accused to bail.