By Jude-Ken Ojinnaka
A Lagos State High Court sitting in Ikeja has adjourned till January 15, 2024, the verdict on Chukwuma Njoku, standing trial over alleged murder of his brother.
Justice Oyindamola Ogala fixed the date after the state prosecution and defence counsel presented, argued and adopted their written addresses.
The defence counsel, Mr. Kudus Mumuni, has stated that they had no intention of responding to the Lagos State Prosecution’s written address dated November 8, since they had already adopted the same.
In his address, Mumuni urged the court to discharge and acquit Njoku due to the prosecution’s failure to establish death, cause of death, and whether the defendant was responsible for the death.
He argued that there was no evidence of death or any picture to prove the same before the court.
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He cited the Supreme Court’s ruling that a death certificate and/or eyewitness account could establish the fact, but it was not proven in the instant case before the court.
Mumuni further argued that only one witness, the Investigating Police Officer (IPO), who was not the original IPO, had given accounts, which he considered hearsay.
“The prosecution is having difficulty relying on any evidence other than the defendant’s confession, which he has since retracted. Furthermore, the confessions do not match up with any of the evidence presented by the prosecution in court. Additionally, there are clear differences in the identities of the accused (Chukwuma Abel Njoku) and another individual (Uchenna Njoku), which suggests the possibility of misrepresentation” he said.
In the case of the prosecution counsel, Mr Ola Azeez presented a written final address dated November 8.
Azeez argued that since the deceased is the defendant’s brother, it has been proven that the defendant caused the death.
The charges against Njoku are in violation of Section 223 of the Criminal Law of Lagos State, 2015.
