An Apo Division of the Federal Capital Territory, high court has sentenced Ayedun Makanjuola to four years’ imprisonment for running over and killing his wife, Adenike.
Representing the FCT police commissioner, prosecution counsel, Adama Musa, had earlier charged Mr Makanjuola with culpable homicide.
He informed the court that Mr Makanjuola reversed his vehicle and ran over his wife, which led to her death on May 7, 2021, after a misunderstanding.
He said Mr Makanjuola reversed his car and crashed the deceased into a concrete fence, which caused her serious injuries, and rushed his wife to the hospital, where she was pronounced dead.
Counsel to the defendant, Kolade Adeboyega, his defence, said Mr Makanjuola put the car in reverse mode in anger and mistakenly crushed his wife.
He informed the court that the defendant is a responsible man and was planning a trip to bring their two children home with the deceased before the incident and urged the court to consider the children who are living with their maternal grandmother.
Delivering his judgement, Justice Angela Otaluka held that the deceased’s act was provocative when she threw her husband’s food and also threw a stone at the rear windscreen of his car while he tried to drive out.
The judge held that the court did not consider Mr Makanjuola reversing his car as retaliation, but as a loss of control of his feelings.
"It was not a deliberate action, but sudden".
"The prosecution failed to prove the intent of the defendant, but has proven the offence of culpable homicide".
“I find the defendant guilty of culpable homicide not punishable with death and convict him,” the court declared.
Justice Otaluka, however, sentenced the defendant to four years’ imprisonment, including the two years and 10 months he had already spent in jail, citing sections 222 and 224 of the Penal Code.
Section 222 states that culpable homicide is not punishable with death if the offender, while deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.
Section 224 states that whoever commits culpable homicide, not punishable by death, will be punished with imprisonment for life or any lesser term or with a fine or with both.
Comments
Post a Comment