The Lagos State High Court in Ikeja has sentenced Justice Odey to death by hanging for the murder of 35-year-old Benedict Agara, whom he killed during a fight over a woman named Amina.
Delivering judgment in Suit No. LD/17040C/2021 on Thursday, Justice Modupe Nicol-Clay found Odey guilty of murder, a violation of Section 222 of the Lagos State Criminal Law, 2015.
Odey was convicted of stabbing Agara with a broken bottle on April 3, 2021, at Block 33, Flat 102, Jakande Housing Estate, Lagos. The attack resulted in fatal wounds to Agara’s hand, stomach, and other parts of his body.
The prosecution, led by Titilayo Olanrewaju Daud and Z. O. Abdulaziz, presented ASP Mariam Ibrahim, the investigating police officer, as their sole witness and tendered six exhibits in court.
In her decision, Justice Nicol-Clay ruled that the prosecution had proven the elements of murder beyond a reasonable doubt, emphasizing that the burden of proof in criminal cases rests with the prosecution.
She noted that murder can be established through direct or circumstantial evidence, or via a voluntary confession. The judge rejected the defense’s argument that the IPO’s testimony was hearsay, affirming that oral evidence from an investigating officer is admissible and constitutes direct evidence.
The court also dismissed the defense’s claim that a lack of medical evidence undermined the prosecution’s case, stating that while medical evidence is usually desirable in murder trials, it is not always required when there is ample evidence regarding the circumstances of death.
Justice Nicol-Clay further observed that, although there was no eyewitness to the stabbing, circumstantial evidence strongly implicated Odey as the only individual who fought with and injured Agara on the day of the incident.
She concluded that the evidence before the court clearly proved that Odey’s unlawful actions caused Agara’s death, and no one else was responsible.
However, the court declined to rely on a confessional statement attributed to Odey, ruling it inadmissible because it was not obtained in the presence of a lawyer or recorded on video, as required by law.
After finding all the essential elements of murder proven beyond a reasonable doubt, Justice Nicol-Clay convicted Odey and imposed the death sentence.
The case stemmed from a dispute between Odey and Agara over Amina, which escalated into a fatal physical altercation.
