Three defendants, Sunday Luka, a 32-year-old driver, Danjuma Kaika, 37 and Luka Agu, 33, who all claimed to be from Nassarawa State were brought before the court for the brutal murder of the deceased in his farm on 9 June, 2014 at Onicha-Ugbo.
The three defendants who also made away with the deceased’s Kia Rio car used to be labourers in his farm.
They were charged to court on a four count charge bordering on conspiracy to commit murder under section 324 of the Criminal Code Cap C21, Volume 1 Laws of Delta State, 2006, Murder under section 319(1), conspiracy to commit armed robbery contrary to section 6(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provision) Act Cap R11, Volume 14 Laws of the Federation, 2004 and the substantive offence of murder under section 1(2)(a) of the Robbery and Firearms Act.
Delivering his judgement, the trial Judge, Justice C.I. Ogisi said the punishment for the offence the accused committed was mandatory and does not have the discretionary power to mitigate the death sentence.
The trial Judge who sentenced the first and second accused persons on all four count charge, however discharged the 3rd accused person on count 2 and 4 but was sentenced on count 1 and 3.
Ogisi, held that the court agreed with the submission of prosecution counsel, Pollen-Ezeana-Ejiofor Esq in his submissions that urged the court to accordingly convict the defendants as it proved its case against the defendants beyond all reasonable doubt.
He said: “I am persuaded that the 3rd accused person conspired with the 1st and 2nd but I am also persuaded that the 3rd accused person did not take part in the murder of Felix Boise on the 9th of June, 2014”
The Prosecution from the Delta State Ministry of Justice, Pellen-Joseph Ejaifo through prosecuting witnesses had told the Court that Pa Felix Biose was attacked by woods and other offensive weapons while his lifeless body was thrown into a deep dry well.
The court gathered that two of the defendants who participated actively in the crime, used logs of woods and cement blocks to cover up the lifeless body inside the well and made away with his Kia Rio salon car to Nassarawa State where they were later arrested in their attempt to sell off the deceased car.