For killing his brother, an Ilorin High Court presided over by Justice Durosinlohun Kawu Thursday sentenced a 21- year- old man, Shefiu Abubakar to 10 years imprisonment.
The court found Abubakar guilty of killing his brother, Babuga Abubakar with burning firewood.
The incident happened in Dona Dogo, Edu local government area of Kwara state.
Abubakar committed the crime on suspicion that Babuga was having illicit affairs with his wife.
In his judgment, Justice Kawu stated that, sometimes in 2015, the convict went to his elder brother’s house after reporting at the police that he was dating his wife.
The trial judge stated that Abubakar called his brother out from his house and hit him on the head with a wood which resulted in his death on the spot.
“I did not intend to use the stick to kill him but to defend myself,” the court quoted the convict.
The court said the prosecutor has justified section 221 by proving his case beyond every reasonable doubt and established the case of culpable homicide against the convict.
He said Abubakar used the stick to hit his brother on the head, not considering the consequence of his action, hence, killed Babuga.
He said the argument that the convict killed the deceased to save his life is not justified.
After making an interlocutory appeal through his counsel, Barrister Yusuf Gbajumo, the convict pleaded with the judge to temper judgement with mercy.
Gbajumo further submitted that the convict was the bread winner of his house, pleading that the court should be considerate with the judgement.
According to him, the convict has not gotten any successor and that sentencing him to death would mark the end of his generation.
Kawu sentenced Abubakar to 10 years in imprisonment with four years already spent in prison custody inclusive.
