Monday, July 13, 2026 - 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.
0 Comments