Lagos State High Court sitting in Ikeja has convicted and sentenced Justice Odey to death by hanging for the murder of 35-year-old Benedict Agara, whom he was accused of killing during a fight over a woman identified as Amina.
Justice
Modupe Nicol-Clay, who delivered the judgment on Thursday in Suit No.
LD/17040C/2021, found Odey guilty of murder contrary to Section 222 of the
Criminal Law of Lagos State, 2015.
Odey
was accused of killing Agara on April 3, 2021, at Block 33, Flat 102, Jakande
Housing Estate, Lagos, by stabbing him with a broken bottle in his hand,
stomach, and other parts of his body.
The
prosecution, led by Titilayo Olanrewaju Daud and Z. O. Abdulaziz, called one
witness, ASP Mariam Ibrahim, an investigating police officer, and tendered six
exhibits before the court.
In her
judgment, Justice Nicol-Clay held that the prosecution had proved the
ingredients of murder beyond a reasonable doubt, adding that the burden of
proof in criminal cases remained with the prosecution.
The
judge said, “The burden of proof remains on the prosecution throughout; it does
not shift to the accused person, except in limited circumstances.”
She
held that murder could be established through direct evidence, circumstantial
evidence, or a voluntary confessional statement by an accused person.
Justice
Nicol-Clay rejected the defence argument that the evidence of the investigating
police officer was hearsay, stating that an IPO’s testimony on an investigation
conducted at the scene of a crime was admissible.
“The
oral evidence of an IPO is not hearsay, contrary to the assertion of the
convict’s counsel. It is the direct evidence of the investigation, and the same
is admissible and can be used to convict an accused person,” she ruled.
The
court also dismissed the argument that the prosecution failed to provide
medical evidence establishing the cause of death.
According
to the judge, while medical evidence was desirable in murder cases, it was not
always compulsory where there was sufficient evidence showing the circumstances
surrounding the death.
“Medical
evidence, though desirable in establishing the cause of death in a case of
murder, is not always essential where the victim dies in circumstances in which
there is abundant evidence of the manner of death,” she held.
Justice
Nicol-Clay noted that although no eyewitness directly saw Odey stab the
deceased, the circumstantial evidence before the court linked him to the
killing.
She
said, “There is no eyewitness account of a person who saw Odey stabbing the
deceased; however, there is strong circumstantial evidence from the convict,
putting him as the only person who fought and injured the deceased on the day
of the incident.”
The
judge further held that the evidence before the court showed that no other
person was responsible for Agara’s death.
“There
is sufficient proof that the unlawful act of the convict caused the death of
the deceased. The evidence before the Court unequivocally and unmistakably
showed that no other person but Odey was responsible for the death of the
deceased,” she said.
On the
confessional statement allegedly obtained from Odey, the court ruled that it
could not rely on it because it was not obtained in compliance with the law.
Justice
Nicol-Clay held, “Any confessional statement obtained without video recording
or in the presence of a lawyer is inadmissible. I find myself unable to attach
any weight to the confessional statement.”
The
court subsequently convicted Odey after finding that the prosecution had
established all the essential ingredients of murder beyond a reasonable doubt.
“Odey
is hereby found guilty of the offence of murder and is convicted of the
offence,” the judge held.
The
case arose from an argument between Odey and Agara over Amina, which reportedly
led to a physical confrontation during which Agara sustained injuries and was
later taken to the hospital, where he died.
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