- Lance Corporal Oge Etudo has condemned to death by an Abuja High Court for rape and culpable homicide
- The 30 years old convicted soldier was previously attached to a battalion of the Nigerian Army at Lungi Barracks in Abuja
An Abuja High Court sentenced Lance Corporal Oge Etud to death by hanging after finding him guilty of rape and culpable homicide.
A soldier has been sentenced to death by an Abuja High Court which found him guilty of rape and culpable homicide.
Vanguard reports that Lance Corporal Oge Etudo was said to have on March 27, 2014, at Dei-Dei suburb of the FCT, abducted, stabbed and raped a married woman identified as Binta Usman Kadede to death inside the bush.
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The 30 years old convicted soldier was previously attached to a battalion of the Nigerian Army at Lungi Barracks in Abuja.
The convict was found to have acted in breach of sections 220 and 221 of the Penal Code law.
The charges against him read: “That you L/Cpl Oge Etudo “M” 27 years of Nigerian Army, Lungi Barracks Abuja on or about March 27, 2014, at about 1600hrs at Dei-Dei, near Conoil filling station, Abuja within the Abuja judicial division did committed culpable homicide punishable with death in that you caused the death of one Binta Usman Kadede “f” of Dei-Dei village Abuja by stabbing her on the neck and body with knife which resulted to her death when you know that death will be the probable consequences of your act. You thereby committed an offence contrary to section 220 of the Penal Code and punishable under section 221 of the Penal Code.
“That you L/Cpl Oge Etudo “M” 27 years of Nigerian Army, Lungi Barracks Abuja on or about March 27, 2014, at about 1600hrs at Dei-Dei, near Conoil filling station, Abuja within the Abuja judicial division did rape one Binta Usman Kadade “f” of Dei-Dei village by forcefully having sexual intercourse with her against her wish and thereafter stabbed her neck and body with knife to death you thereby committed an offence contrary to section 282 of the Penal Code and punishable under section 283 of the Penal Code”.
The defendant who was earlier dismissed from the army had pleaded not guilty to all the charges.
He equally entered a no-case-submission after the prosecution closed its case after it called four witnesses and tendered 21 exhibits.
Following the dismissal of his no-case-submission, the accused soldier decided to testify for himself, maintaining that he was innocent of the charge.
While denying knowledge of the crime, he said he was only there to see a friend called Igwe to discuss his wedding plans with him.
He said “I was a guard commander in my Commander Tango’s house. I took a break by 10 am after submitting my arms and ammunition to my junior, I left to Dei-Dei to see my friend called Igwe at Dei-Dei to discuss about my planned white weeding.
“I stopped at Dei-Dei to urinate, in the process I was attacked by some hoodlums who inflicted injuries in me. I ran to the Conoil filling station”, he added.
“On reaching the Conoil, I shouted thief! thief! and fainted due to loss of blood.
“I did not know what happened after regaining consciousness, I found myself in the hospital naked.”
Nevertheless, one of the prosecution witnesses, Usman Ishaq, a security guard at a block industry in Dei- Dei, told the court that he saw the defendant force the deceased into the bush.
“He was a passenger on a motorbike,(okada) when he came towards the deceased side, he told the Okada rider to stop. He dropped from the motorcycle and asked him to go. And he forced the deceased – a milk seller, into the bush.
“When I got to the point where they entered the bush, I met the accused person on top of the deceased with knife. He was stabbing her on the neck and on the abdomen”.
The witness said he mobilized people who got him arrested after attempting to escape.
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Husband of the deceased, Usman Adamu, also testified in the trial.
The prosecution counsel, Mr. Simon Lough, further tendered a medical report signed by a chief consultant pathologist, Gwagwalada Specialist Hospital, Abuja, Dr. A.U. Mukthar.
After evaluating the evidence and exhibits placed before her, the trial Justice, A.S. Adepoju held that the prosecution successfully proved its case against the accused person.
Adepoju who declined plea of allocutus by the defence lawyer, stressed that pictorial evidence adduced before the court showed that the defendant gruesomely murdered his victim.
“I will not also show mercy to him”, the Judge who was almost moved to tears declared.
“The accused person is hereby sentenced to death by hanging for the offence of culpable homicide under section 221 of the Panel Code
“He is to pay the supreme price for his callousness and his ungodliness.
“He has shown no mercy by slaying the victim, I have no mercy for him as well."
On the charge of rape, the accused is sentenced to five years imprisonment with hard labour. The terms are to run concurrently”, Justice Adepoju held.