An FCT High Court, Maitama, has discharged and acquitted a 43-year-old man, Yakubu Bulus, charged with culpable homicide.
Justice Peter Affen, in his judgment, held that the prosecution failed to prove its case beyond reasonable doubt.
“The prosecution must establish beyond reasonable doubt that it was the act of the defendant that caused the death of the deceased.
“The deceased did not die at the spot of the incident and no autopsy conducted to ascertain the cause of the deceased’s death.
“The prosecution has not succeeded in proving that the defendant act led to the deceased’s death, “he said.
He further held that none of the witnesses called by the prosecution was at the scene of the incident.
The judge also said that the prosecution failed to call both the medical doctor that examined the deceased and the nominal complainant, Magdalene Daniel, daughter of the deceased.
He said that for the lesser offence of assault, the court would not convict the defendant because he was not charged for such an offence.
Bulus was docked on a count charge of alleged culpable homicide.
According to the prosecution counsel, Mr Patrick Ogele, the defendant caused the death of one Ha’anatu Daniel of Tasha Two, Gwagwa, Abuja.
Ogele told the court that on Dec. 20, 2013, at about 11 p. m. at Tasha Two Gwagwa, Abuja, Bulus hit the deceased repeatedly with his fists, which resulted to her death.
The offence contravened the provisions of Section 224 of the Penal Code.