Lagos State High Court sitting in Ikeja has convicted Justice Odey for the murder of 35-year-old Benedict Agara.
He was found to have fatally stabbed the deceased during a fight reportedly sparked by a dispute over a woman identified as Amina.
According to the prosecution, the incident occurred on April 3, 2021, at Block 33, Flat 102, Jakande Housing Estate, Lagos, where Odey allegedly attacked Agara with a broken bottle, inflicting multiple stab wounds to his hand, stomach and other parts of his body. Agara later died from the injuries he sustained.
Delivering judgment on Thursday in Suit No. LD/17040C/2021, Justice Modupe Nicol-Clay sentenced Odey to death by hanging after finding him guilty of murder contrary to Section 222 of the Criminal Law of Lagos State, 2015.
During the trial, the prosecution, led by Titilayo Olanrewaju Daud and Z. O. Abdulaziz, called a single witness, ASP Mariam Ibrahim, the investigating police officer, and tendered six exhibits in support of its case.
In her judgment, Justice Nicol-Clay held that the prosecution had successfully established all the essential elements of the offence beyond a reasonable doubt, stressing that the burden of proof in criminal cases remains with the prosecution throughout the proceedings, except in limited circumstances provided by law.
”The burden of proof remains on the prosecution throughout; it does not shift to the accused person, except in limited circumstances,” the judge held.
The court noted that the offence of murder could be proved through direct evidence, circumstantial
