Court Sentenced Bayelsa Husband Killer To Die By Hanging

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.”

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.”