The High Court sitting in Yenagoa, Bayelsa State, on Wednesday sentenced 30-year-old Victoria Gariga to death by hanging for killing her husband, Henry.
The court presided over by Justice Nayai Aganaba said the woman committed the crime on February 4, 2015 at their residence along Ebisam road in Akenfa, Yenagoa, Bayelsa State.
The victim, a lawyer from Sagbama local government area of the state and the convict from Brass were cohabiting for years before they legalised their union in 2014.
The union was yet to produce children before the unfortunate incident.
On the fateful day, Victoria stabbed her husband on the neck following a misunderstanding.
He was confirmed dead by doctors at the hospital.
Aganaba while reading his judgement said the prosecution called six witnesses and produced seven exhibits while the defence lawyer had only one witness who happened to be the accused person.
Aganaba, who went through his records, averred that the onus of proof rested with the prosecution in line with the three ingredients to prove a murder case.
He named the elements of murder as the actual death of the deceased, that the death was caused by the accused person and that the action of the accused person was intentional with the knowledge that death or grievous bodily harm was its probable consequence.
The judge asserted that the circumstantial evidence against the accused was overwhelming, adding that all facts confirmed she was the only person with the deceased at the time of death and the only person with the opportunity to kill him
He said Victoria committed a murder of passion caused by jealousy since the couple were obsessed with each other.
He said: “It is unfortunate that I can only pronounce the sentence prescribe by law. I wish I had the discretion to do otherwise.
“However that discretion rests with the Executive Governor of Bayelsa State. I am only left with the compulsion to pronounce the sentence prescribed by law. I hope that the person with the discretion would look at the circumstance of this case and do the needful.
“I hereby pronounce my sentence. My sentence upon you is that you shall hang on the neck until you die. May the Lord have mercy on your soul.” - The Nation
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