The 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 killed during a fight over a woman.
Justice Modupe Nicol-Clay delivered the judgment on Thursday in Suit No. LD/17040C/2021, finding Odey guilty of murder contrary to Section 222 of the Criminal Law of Lagos State, 2015.
The prosecution told the court that Odey killed Agara on April 3, 2021, at Block 33, Flat 102, Jakande Housing Estate, Lagos, by stabbing him with a broken bottle in the hand, stomach, and other parts of his body.
The prosecution team, led by Titilayo Olanrewaju Daud and Z. O. Abdulaziz, called one witness, ASP Mariam Ibrahim, the investigating police officer, and tendered six exhibits in evidence.
In her judgment, Justice Nicol-Clay held that the prosecution had proved the essential ingredients of murder beyond a reasonable doubt, stressing that the burden of proof in criminal cases remains with the prosecution.
“The burden of proof remains on the prosecution throughout; it does not shift to the accused person, except in limited circumstances,” the judge said.
She noted that murder may be established through direct evidence, circumstantial evidence, or a voluntary confessional statement made by an accused person.
Justice Nicol-Clay also rejected the defence’s argument that the investigating police officer’s testimony was hearsay, holding that an investigating officer’s evidence regarding an investigation conducted at the scene of a crime is 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 further dismissed the defence’s contention that the prosecution failed to present medical evidence establishing the cause of death.
According to the judge, although medical evidence is desirable in murder cases, it is not always mandatory where there is sufficient evidence explaining the circumstances surrounding the victim’s 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 further ruled that the evidence before the court clearly established 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 held that it could not rely on it because it was not obtained in compliance with the law.
“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,” Justice Nicol-Clay held.
The court subsequently convicted Odey after finding that the prosecution had established all the essential elements of the offence beyond a reasonable doubt.
“Odey is hereby found guilty of the offence of murder and is convicted accordingly,” the judge ruled.
The case arose from an argument between Odey and Agara over a woman identified as Amina, which reportedly escalated into a physical confrontation. During the fight, Agara sustained multiple injuries and was later taken to the hospital, where he died.
Although no eyewitness testified to seeing Odey stab the deceased, Justice Nicol-Clay held that the circumstantial evidence presented before the court sufficiently linked him to the killing.
“There is no eyewitness account of a person who saw Odey stabbing the deceased; however, there is strong circumstantial evidence, including the convict’s own account, placing him as the only person who fought and injured the deceased on the day of the incident,” she said.
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