Court sentences policeman to death by hanging for culpable homicide

Justice Jude Okeke of the FCT High Court on Tuesday
sentenced a policeman, Samuel Tarkaa, to death for
culpable homicide.

Tarkka was arraigned on a count charge of intention
of causing such body injury as it was likely to cause
death and indeed caused the death of one Andrew
Osuagwu.

Tarkaa on November 24, 2010 at Kado Village, Abuja
caused the
death of Osuagwu by lifting him up and
hitting his head on the ground.
This contravened Sections 220 and punishable under
Section 221 of the Penal Code.


Okeke in his judgment held that the prosecution had
proved beyond reasonable doubt all the three
ingredients of the offence of culpable homicide as
provided for in Section 220 of the Penal Code.

He held: “In the circumstances, the court finds the
defendant guilty of the charge of causing the death of
Andrew Osuagwu on the 24th of November 2010, he
is accordingly convicted.

“Before the court pronounces sentence on the
defendant, given that allocutus is not applicable in
view of the mandatory nature of the sentence, it
needs be said that the defendant came to his present
circumstances on the account of apparent abuse of
power and unbridled show of might.”

Okeke said police officers who under the law are to
perform the duties of detecting, apprehending
offenders and protecting lives and property of
citizens end up oppressing, brutalising, even killing
them.

He said that Section 222 of the Penal Code was not
applicable here in view of the absence of any
evidence or contention by the defendant that he
caused the deceased’s death.

He said: “In the light of the above, the punishment
for the offence of culpable homicide, which the
defendant has been convicted of, is mandatory death
sentence.

“The court does not have discretion to impose any
other punishment much as it may; the law must be
fulfilled at all times and in all situations.

“The defendant having been convicted for the offence
of culpable homicide punishable under Section 221
of the Penal Code as charged is sentenced to death.

“The sentence of the court upon you is that you be
hanged by the neck until you be dead.”
NAN.