Lagos court sentences man to death for murder over dispute involving woman
Lagos State High Court Convicts Justice Odey of Murder
A Lagos State High Court in Ikeja has sentenced Justice Odey to death for the murder of 35-year-old Benedict Agara. Odey was found guilty of fatally stabbing Agara during a dispute that reportedly centered around a woman named Amina.
The violent incident took place on April 3, 2021, at Block 33, Flat 102, Jakande Housing Estate in Lagos. According to the prosecution, Odey attacked Agara with a broken bottle, resulting in multiple stab wounds to the victim’s hand, abdomen, and other areas. Agara later succumbed to his injuries.
In her ruling on Thursday in Suit No. LD/17040C/2021, Justice Modupe Nicol-Clay sentenced Odey to death by hanging, determining that he had committed murder under Section 222 of the Criminal Law of Lagos State, 2015.
The prosecution’s case was led by Titilayo Olanrewaju Daud and Z. O. Abdulaziz, who called ASP Mariam Ibrahim, the investigating officer, as their sole witness. Throughout the trial, six exhibits were presented to support the prosecution’s arguments.
Justice Nicol-Clay noted that the prosecution met its burden of proof beyond a reasonable doubt. She emphasized that the responsibility for proving guilt lies with the prosecution and does not shift to the defendant except in certain legal circumstances.
“The burden of proof remains on the prosecution throughout; it does not shift to the accused person, except in limited circumstances,” she stated.
The court acknowledged that murder can be established through direct evidence, circumstantial evidence, or a voluntary confession made by the accused. Justice Nicol-Clay dismissed the defense’s claims that the testimony from the investigating officer constituted hearsay. She ruled that such evidence is admissible when based on investigative findings.
“The oral evidence of an investigating officer is not hearsay. It is direct evidence of the investigation and can be used to convict an accused person,” she explained.
The court also rejected the argument regarding the absence of medical evidence linking Odey to Agara’s death, asserting that while it is desirable, it is not mandatory if sufficient circumstantial evidence exists.
“Medical evidence, though desirable in establishing the cause of death in a murder case, is not always essential,” she added.
While there were no eyewitnesses to the stabbing, the judge found that circumstantial evidence sufficiently implicated Odey in the crime. “There is no eyewitness account of a person who saw Odey stabbing the deceased; however, the circumstantial evidence is strong,” she stated.
On the matter of an alleged confession made by Odey, the court ruled it inadmissible due to a violation of legal standards. Justice Nicol-Clay confirmed that any confession not recorded on video or obtained in the presence of legal counsel cannot be considered reliable.
“Any confessional statement obtained without video recording or in the presence of a lawyer is inadmissible,” she declared.
After determining that the prosecution had proven its case, the court convicted Odey of murder and imposed the death penalty, pursuant to legal requirements.
The case originated from a confrontation between Odey and Agara over the affections of Amina, which escalated into the fatal incident.
