FEDERAL REPUBLIC OF NIGERIA V. GAD BARMINAS

EKO JSC (Delivering the Lead Judgment): The respondent was tried and convicted for offences of culpable homicide punishable under section 221 of Penal Code and armed robberypunishable under section 298 of the Penal Code.

The trial was at the High Court of the Federal Capital Territory, Abuja. The two charges he was tried and convicted for are:

1. “That you, Gad Barminas (M) adult of Nyanyan Mobil Barracks, Abuja, on or about 25 May 2005, along Airport Road, Abuja in the Abuja Judicial Division, did cause the death of one Paul Ojo (deceased) by shooting him on the chest with a rifle knowing that death was the probable and not only a likely consequence of the act and thereby committed an offence contrary to section 298 of the Penal Code.
2. That you, Gad Barminas (M) adult of Nyanyan Mobil Barracks, Abuja, on or about 25 May 2005 did commit an offence to wit: armed robbery against one Paul Ojo (deceased) by robbing him of a Toyota Car with registration No. XA 398 RBC, belonging to one Mr. Abbas…