The Supreme Court has ordered the execution of a policeman, Emmanuel Ochiba who killed a passer-by, Godwin Momoh along Tafawa Balewa Street in Jos, Plateau State on September 12, 2001 while drunk.
Five justices of the court while dismissing the appeal filed by Ochiba said that he had not shown any reason why his conviction for culpable homicide punishable with death passed on him should be overturned.
Delivering the judgement, Justice Mary Peter-Odili held that “there being nothing upon which I can upset what the court below did, I dismiss this appeal and uphold the decision of the court below.’’
Ochiba had approached the apex court with a prayer to quash the June 29, 2010 decision of the Appeal Court Jos Division that affirmed his conviction and sentence for offence of culpable homicide.
Justice Peter-Odili recalled the facts of the charge against the appellant, which arose from an event leading to the murder of Momoh on Sept. 12, 2001 along Tafawa Balewa Street adjoining Langtang Street, Jos.
She said that the incident occurred when the deceased together with one Barrister Jonathan Mawiyau and Chukwudi Achi were walking to various houses at Langtang Street, Jos. According to her, Mawiyau had testified at the trial Court that he along with Achi and the deceased were stopped by some policemen including the appellant.
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