Nnamoko, who works as a scanvenger at a dumpsite in Ojota, was arraigned on March 24, 2011 on a one count of murder contrary to Section 319 (1), cap 17 Vol. 2 Laws of Lagos State, 2003. He had pleaded not guilty to the charge of murder brought against him by Lagos State government for killing his best friend.
In her judgment, Justice Taiwo held that the convict was guilty of the murder charge brought against him. She said: “The prosecution has proved the case of death of a human being beyond reasonable doubt. I hereby find the defendant guilty of the murder of Ifeanyi Anyanwu.
“However, I have carefully considered the allocutus of the defence counsel, bearing in mind the defendant’s age and also the plea to reduce the offence of the defendant to manslaughter. I hereby sentence the defendant to life imprisonment.”
However, the judge noted that due to prosecution’s failure to tender the object of harm as well as autopsy report of the deceased, the prosecution failed to prove a case of murder against the convict. She, however, held that there was circumstantial evidence against the convict.
She held that the testimony of the convict that there had been a fight between him and his friend that morning of the victim’s death was weighty, especially that some eyewitnesses at the scene of the incidence pointed accusing fingers at him.
The judge further said: “It is in my view that circumstantial evidence proved that the deceased death was caused by a cutlass.”
Trouble started for Ifeanyi Nnamoko over the death of his best friend and namesake, Ifeanyi, when they had earlier had a fight over a claim that his friend usually poked fun at him. He had said in his evidence before the court that when a friend bought him a bottle of wine, the deceased poked fun at him, which led to their fight.
According to the Prosecution Counsel, Mrs. K.O. Sarumi, the convict committed the offence on March 4, 2011 at about 8:30a.m. at Oregun, Alausa, Ikeja. Sarumi said the convict murdered Ifeanyi by cutting off his head with a cutlass. “The accused person is found guilty of the offence as charged, and is accordingly convicted.”
Meanwhile, the defence counsel, Mary Eibiaezue, pleaded for leniency, saying: “The defendant is about 42 years old with four kids and an only son of his parent. He is a first time offender. It was an act of provocation. The source of others livelihood depends on him.”
In response, the prosecution counsel, Sarumi noted that the defence has accepted that it was an act of provocation that caused the death of the deceased. “The law says if this act of action is committed, the penalty is spelt out.”
As the judge was in the process of handing down penalty for the murder charge, a lawyer, O. Ajanaku, who was in court for another matter, rose to his feet to draw the attention of the judge to various law principles that warrant a charge of manslaughter for the convict.
He argued that in this instance, the court should lessen the charge of murder to manslaughter. Finally, the judge said: “I hereby sentence the defendant to life imprisonment.” SHARE THIS STORY USING ANY OF THE BUTTON BELOW ⬇ PLACE YOUR TEXT ADVERT BELOW ⬇⬇⬇