Supreme Court Okays Death Sentence On Policeman For Killing Wife
Monday, July 8, 2013
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The
hope of a policeman, Usman Maigari, who strangled his 12-year-old wife,
Sa'adatu Torankawa, to death for ritual purposes, to have an earlier
judgement passed on him upturned has been dashed.
The Supreme Court on Friday
affirmed the death sentence handed him by the Sokoto State High Court
and the Court of Appeal, Sokoto as it ruled that the killer-policeman,
Maigari, is to die by hanging.
"To say the least, the appellant displayed a complete disregard for
human life, with the archetypal characteristics of a beast dressed in
police uniform with which he set about the abuse of that office and had
thought he had enough expertise to cover up the dastardly acts with the
impunity that went along with persons of such genre, best kept away from
human society, especially as he held nothing sacred," Justice Mary
Peter- Odili who delivered the court's judgment said as she described
Maigari’s actions as callous after considering the arguments of the
appellant and the state.
Justices Mahmud Mohammed, Muhammad Saifullah Muntaka-Coomassie,
Nwali Sylvester Ngwuta and Olukayode Ariwoola, who also participated in
the hearing of the appeal, agreed with the lead judgment given by
Justice Peter-Odili.
Maigari, who was arraigned before the Sokoto High Court on July
13, 2000, was charged with culpable homicide punishable with death
under Section 221(b) of the Penal Code.
He was accused of causing the death of his second wife, Sa'adatu
Torankawa (whose age was put between 11 and 13 years) on January 11,
1999 by strangling her to death for ritual reasons, then conveyed her
corpse and dumped it in a culvert near Janzomo village, along
Kajiji-Shagari Road.
He had consistently pleaded not guilty to the charge during the trial.
In the course of the trial, he denied killing his wife, but said she died while he was conveying her to the hospital.
"I can remember that sometime in January 1999, my wife, Sa'adatu,
fell sick one night. Then I conveyed her on my motorcycle from Yabo in
order to take her to hospital in Sokoto.
"However, after we have passed Milgoma village, she died. When I
noticed that she was dead, I put her body in a sack then, conveyed the
corpse on my motorcycle and dumped it under a culvert along
Shagari-Kajiji Road, near one village called Janzomo," he had said.
He also told the court that he hid the news about Sa'adatu's
"ailment" and subsequent death from everyone, including his second wife,
Hauwa'u, and his deceased wife's relatives.
Maigari said he was scared that his in-laws could kill him.
The trial judge, Justice Abbas Bello, found him guilty and sentenced him to death by hanging.
Maigari later challenged the decision at the Court of Appeal,
Sokoto and lost. He thereafter headed for the Supreme Court, which also
upheld the decisions of the lower courts.
Wondering why the convict, a policeman, decided to keep his wife's
ailment and subsequent death to himself if he had no ulterior motive,
the Supreme Court also queried his decision to dump his wife's body at
the rear park of the hospital and later, under a culvert, where it was
later discovered by passers-by rather than take her to the doctor for
medical attention.
The court further wondered how Maigari, not being a medical doctor,
concluded that his wife was dead; and why he chose to dump her corpse
under a culvert along the road to rot away, rather than inform her
relatives for her to be properly buried.
The apex court therefore upheld the evidence in a medical report
tendered by the prosecution to the effect that the deceased died from
strangulation.
"What is sure is that there is enough circumstantial evidence,
cogent, compelling, unequivocal and irresistible leading to the
conclusion that the appellant and no other, caused the death of his
wife, a young person of between 12-13 years by strangulating her to
death and dumping her corpse in a culvert.
"It is also to be said that the proof put forward by the
prosecution was beyond reasonable doubt in tragic circumstances most
especially, in the present situation, where the perpetrator of this
heinous, animalistic crime is an officer of the Nigerian Police Force,
who donned the uniform of state, not with pride and dignity of a law
enforcement personnel, but wore the uniform which he was unworthy to be
seen in.
"The circumstances are such that I see no redeeming feature
available to the appellant and therefore no basis to either fault what
the trial court and Court of Appeal did.
“Rather, this court has no choice but to affirm the
concurrent findings of the two courts below, which were supported by the
evidence on record and nothing on which a deviation can be hung,"
Justice Peter-Odili said as she dismissed Maigari’s appeal for lacking
in merit.
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