A Lagos State High Court in Ikeja has sentenced Justice Odey to death by hanging for killing 35-year-old Benedict Agara. Odey was found guilty of murder during a fight over a woman named Amina.
Justice Modupe Nicol-Clay gave the verdict on Thursday in Suit No. LD/17040C/2021. She ruled that Odey violated Section 222 of the Criminal Law of Lagos State, 2015, by murdering Agara.
Odey was accused of stabbing Agara on April 3, 2021, at Block 33, Flat 102, Jakande Housing Estate, Lagos. He attacked Agara with a broken bottle, injuring him 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, who was the investigating police officer. They also presented six exhibits to the court.
In her ruling, Justice Nicol-Clay stated that the prosecution proved the case of murder beyond a reasonable doubt. She explained that the burden of proof always lies with the prosecution in criminal cases.
She said, “The burden of proof remains on the prosecution throughout; it does not shift to the accused person, except in limited circumstances.”
The judge noted that murder could be shown through direct evidence, circumstantial evidence, or a voluntary confession from the accused.
Justice Nicol-Clay dismissed the defence's claim that the police officer's evidence was hearsay. She explained that the officer's testimony about the investigation at the crime scene was valid.
“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 said.
The court also rejected the defence's argument that the prosecution did not provide medical evidence for the cause of death. Justice Nicol-Clay stated that while medical proof is helpful in murder cases, it is not always necessary.
“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 said.
The judge acknowledged that no one directly witnessed Odey stab Agara. But she pointed out that circumstantial evidence showed Odey was involved in 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.”
Justice Nicol-Clay stated that evidence presented showed no one else 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.
Regarding a confessional statement supposedly given by Odey, the court ruled it could not be used since it was not obtained legally.
Justice Nicol-Clay said, “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 then convicted Odey after confirming that the prosecution had proven all aspects of murder beyond a reasonable doubt.
“Odey is hereby found guilty of the offence of murder and is convicted of the offence,” the judge declared.
This case started after an argument between Odey and Agara over Amina, which led to a fight. Agara got hurt and later died in the hospital.
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