A State High
Court in Bayelsa State has on Tuesday, sentenced to death by hanging a
30-year-old Victoria Gagariga for the killing of her husband, Henry Gagariga,
on
February 4, 2015, at the residence along Ebisam Road in Akenfa, Yenagoa,
Bayelsa State.
Presiding
judge Justice Nayai Aganaba while reading his judgement, said the prosecution
called six witnesses and produced seven exhibits while the defence only had one
witness who happened to be the accused.
Aganaba, who
went through records of cross-examination of the witnesses, noted that the onus
of proof that the accused committed the murder of Henry Gagariga rested with
the prosecution, in line with the three ingredients to prove a murder case
namely that the deceased died, that the death of the deceased was caused by the
accused and that the action of the accused which caused the death of the
deceased was intentional with the knowledge that death or grievous bodily harm
was its probable consequence.
The judge
who pointed out that the circumstantial evidence against the accused was
overwhelming, said all facts confirmed that she was the only person with the
deceased at the time of death and the only person to have the opportunity to
have killed him.
According to
him, Victoria committed a murder of passion which was a result of jealousy as
the couple were obsessed with each other.
The judge
said, “It is unfortunate that I can only pronounce the sentence prescribed 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 person 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.”
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