As reported by Daily Post Nigeria, a Lagos State High Court in Ikeja has sentenced Justice Odey to death by hanging for the murder of 35-year-old Benedict Agara.
Justice Modupe Nicol-Clay delivered the judgment on Thursday in suit No. LD/17040C/2021. The court found Odey guilty under Section 222 of the Criminal Law of Lagos State, 2015.
The incident occurred on April 3, 2021, at Block 33, Flat 102, Jakande Housing Estate. Prosecutors told the court that a disagreement over a woman identified as Amina escalated into a fight. Odey allegedly attacked Agara with a broken bottle, stabbing him multiple times in the hand, stomach and other parts of his body. Agara later died from the injuries.
The prosecution, led by Titilayo Olanrewaju Daud and Z. O. Abdulaziz, called one witness, ASP Mariam Ibrahim, the investigating officer, and tendered six exhibits.
In her ruling, Justice Nicol-Clay said the prosecution proved its case beyond reasonable doubt. She dismissed the defense’s argument that the IPO’s testimony was hearsay, holding that evidence from an investigating officer based on his findings is admissible.
The judge also ruled that medical evidence, while useful, is not mandatory where other evidence clearly shows how the victim died.
Although there was no eyewitness, the court said circumstantial evidence linked Odey to the crime. “The evidence shows Odey was the only person who fought and injured the deceased that day,” she stated. “It clearly shows his unlawful act caused the death.
The court rejected a confessional statement allegedly made by Odey, ruling it inadmissible because it was not recorded on video or obtained in the presence of a lawyer.
With the case proven, the court convicted Odey and imposed the mandatory sentence of death by hanging.