Justice Sherifat Sonaike of the Lagos State High Court sitting in Tafawa Balewa Square (TBS), has sentenced a dismissed police inspector, Paul Joseph, to death by hanging for murder.

Joseph was found guilty of killing Moshood Ademola Ismali by shooting him in the head during a patrol in Aguda on March 28, 2019. Delivering her verdict, Justice Sonaike ruled that the offence violated Section 223 of the Criminal Law of Lagos State.

The judge noted that the prosecution, through the final written address and additional submissions, established the offence of murder. She highlighted that the death of Ademola was confirmed by his brother, Kudus Ibrahim, who served as the sole prosecution witness. However, Kudus was not present at the scene of the incident and was called after the murder.

Justice Sonaike recounted that Joseph, the patrol team leader on duty during the incident, was investigated and charged with murder after admitting to patrolling the area where the death occurred. While he denied firing the fatal shot, evidence presented during the trial linked him to the crime.

The trial, which commenced on May 25, 2022, faced delays due to difficulties locating prosecution witnesses and concluded on October 19, 2023. The prosecution later sought and secured court approval on May 15, 2024, to record additional statements from the defendant despite objections from the defence.

Justice Sonaike criticised the absence of other officers who were part of the patrol team, stating that their testimony could have provided critical eyewitness accounts. She also condemned their failure to appear as a deliberate attempt to protect a colleague involved in an unlawful act.

?The defendant admitted to patrolling the area on the day of the incident and acknowledged that someone had died from a gunshot. His behaviour, along with other evidence, confirmed his guilt,? the judge stated.

She emphasised that the defendant?s actions (shooting the deceased in the head) demonstrated a clear intention to kill or cause serious harm. ?The use of a live weapon and the fatal wound inflicted leave no doubt that the defendant caused the death,? she said.

Justice Sonaike also criticised the police officers who refused to testify, recommending that they face disciplinary action and possible dismissal if found culpable. ?Such officers have no business being paid with taxpayers? money,? she said.

In his plea for leniency, defence counsel B.O. Abdusalam described Joseph as a first-time offender who had reformed while in custody, undergoing four courses and obtaining certifications.

However, the judge held firm in her decision, sentencing Joseph to death and calling for accountability within the police force to prevent similar occurrences. (The Guardian)

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