The Lagos State High Court in Ikeja has postponed the verdict of Chukwuma Njoku, who is accused of murdering his brother, until January 15, 2024.
Justice Oyindamola Ogala made this decision after the state prosecution and defence counsel presented their written arguments.
The Defence Counsel, Mr Kudus Mumuni, confirmed that they had no intention of responding to the Lagos State Prosecution’s written address dated November 8, as they had already adopted the same.
Mumuni has requested 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.
He cited the Supreme Court’s ruling that a death certificate and/or eyewitness account could establish the fact, but it was not proven before the court.
Mumuni further explained 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 8th.
Azeez argued that since the deceased is the defendant’s brother, it has not 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.