A man who
allegedly killed his wife for her refusal to have sex with him has been
sentenced to death by hanging by the Plateau State High Court of Justice
presided over by Hon. Justice S. P. Gang.
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| Justice Pius Damulak Plateau Chief Judge |
According to the prosecution, a case of culpable
homicide was reported to Homicide Section, Team “C” of the Nigeria Police which
included Inspector Ogar Ogbaji, Sergeant Samuel Kumangar and Sergeant Sunday
Abu on March 11, 2014 after it was transferred from the Divisional Police
Headquarters, Barkin Ladi and referred to them for investigation.
The prosecution further said after receiving the
case, the team leader, Inspector Ogar Ogbaji asked Sergeant Sunday Abu to
record the statement from the accused, one Benjamin Toma, who allegedly
confessed to the crime of killing his wife, Victoria Benjamin and made it look
as if she hanged herself with a rope.
However, giving evidence in his defence, the
accused, Benjamin Toma said on the fateful night when the incident happened, he
was away on vigilante work and when he got back home the next morning, he
entered the storeroom where he usually kept his work clothes only to see his
wife hanging from the roof.
He further said that when he saw his wife in that
manner, he became confused and this prompted him to start shouting as a result
of which people started coming out, adding that not long after that, the police
came and arrested him.
Toma further testified that he had been married to
his wife Victoria for about 14 years and the union is blessed with two
children, one six years old and the other a little more than three. He denied
any knowledge of what led to his wife’s death.
In his finding, Justice Gang recalled that the
brother of the deceased, Chuwang Sambo Gyang, had earlier told the court that
when he saw his sister hanging from the roof, he became suspicious because
there was a table some distance away from where she was hanging and he also
noticed some laceration or wounds on parts of her leg, as a result of which he
reported the matter to the Police.
The judge discountenanced the defense of alibi and
others raised by the accused person, saying they would not avail him and
accordingly sentenced him to death by hanging.
Justice Gang said: “There appears to be a correlation
between your criminal act of hanging your wife and the poetic justice of the
fate that will ultimately befall you as a consequence of your act. In all of
this, your children are the ultimate losers. The law shall nonetheless take its
course and the offence for which you have been charged does not contemplate a
plea in mitigation.
“The sentence of this court upon you, Benjamin
Toma, is that you be hanged by the neck until you be dead and may the Lord have
mercy on your soul.” Barrister N. S. Rotbam holding the brief of E. O. Ochayi
led the prosecution while D. A. Adudu, Esq. stood for the accused.
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