Ahead of the judgement of an Abuja High Court on the dastardly killing of six Igbo traders in Abuja fixed for March 9, 2017, a former Deputy Commissioner of Police, Danjuma Ibrahim, and six others have asked an Abuja High Court to acquit them of the four count charge preferred against them over alleged complicity in the killing of six traders in Apo area of Abuja, the Federal Capital Territory.
The six traders killed were Ifeanyi Ozo, Chinedu Meniru, Isaac Ekene, Paul Ogbonna, Anthony Nwokike and Tina Arebun.
Specifically, the prosecution charged Ibrahim [1st defendant], along with Othman Abdulsalam [at large], Nicholas Zakaria, Ezekiel Acheneje, Emmanuel Baba and Sadiq Salami, 2nd to 6th defendants respectively, for “agreeing to do or cause to be done an illegal act and therefore conspired amongst yourself to commit felony to wit: Culpable Homicide Punishable with death by agreeing to kill.”
In a written address filed on his behalf by his defence team, led by Rickey Tarfa (SAN), including Anthony Agbonlahon, Olusegun Jolaawo and Regina Okotie-Eboh, the police chief submitted that the prosecution failed to establish against him the allegation of “criminal conspiracy” to kill the said six Igbo traders.
“It is trite that to sustain a charge of offence of conspiracy, the prosecution must prove the elements of the offence that there was an agreement between two or more persons to execute an agreed act and that the agreed act is illegal,” the defence submitted.
According to the 1st Defendant’s written address, all the prosecution witnesses gave evidence to the fact that 2nd to 6th defendants were not at the scene where four of the six deceased were shot and killed at the time of the incident.
The address said: “It is important to state that none of the prosecution witnesses led evidence that the 1st defendant agreed to do or caused to be done an illegal act by ‘agreeing’ to kill the deceased persons as stated in Count 1 on 8th of June, 2005 at Gimbiya Street, Garki, Abuja.”
It recalled the evidence of the 3rd to 6th defendants during cross examination.
The 3rd defendant said: “I did not meet the 1st defendant before 7th and 8th of June, 2005 and I did not meet him as Head of Corporal (sic) when we converged at Gimbiya street on the night of the incident. When I arrived at the Garki Police station, the 1st defendant did not discuss anything with me or issue instruction to me.”
The fourth defendant also testified thus: “I did not meet the 1st defendant at Gimbiya street and I have never taken any instruction or directives from the 1st defendant.”
The 5th and 6th defendants gave same evidence.
The defence team submitted that the confessional statements of 3rd and 4th defendants as to the charge of conspiracy to commit culpable was of no legal consequence to their client since he denied the claims therein.
According to the written address: “It is trite law laid down by the Supreme Court in the case of Ozaku V State [1990] 1NWLR [Pt. 124] P.94 @ P.113 @ Para E – F, that a confessional statement of a co-accused is not evidence against an accused person unless the latter has adopted the statement either by words or conduct.
“We submit that the 1st defendant did not adopt or confirm the said confessional statements in court [same was not shown to him as well during investigation to confirm or deny it], but instead denied it, it is therefore trite that such confessional statement cannot comprise evidence against the 1st defendant upon which he can be convicted.”
In the written address filed by the prosecution team led by Chief Chris Uche [SAN] and Chief Mamman Osuman [SAN], they submitted: “The prosecution led evidence to show that in the early hours of 8th June 2005, the 1st accused person at Gimbiya Street, Garki Abuja, shot and killed four of the victims, namely Ifeanyi Ozo ‘m’ adult, Chinedu Meniru ‘m’ adult, Isaac Ekene ‘m’ adult and Paul Ogbonna ‘m’ who were driving in a 406 Peugeot Saloon car. The said 1st accused person later procured the rest of the accused persons to take and execute the surviving two victims – Anthony Nwokike ‘m’ and Tina Arebun ‘f’.”
The prosecution submitted that it also “tendered several exhibits, including the confessional statements made by the accused persons to the Police during investigation”.
Accordingly, it prayed the court to find all the accused persons guilty of the charge of criminal conspiracy to commit culpable homicide and bring upon them the full weight of the law.
Meanwhile, the trial Judge and Chief Judge of the Federal Capital Territory, Justice Ishaq Bello, has fixed March 9 to deliver his verdict as he was not ready with his decision last week.
Trending
- Group urges Bello to submit himself to EFCC for questioning
- Dangote cement export of clinker, cement increased by 87.2%
- What shall we say about Mike Adenuga at 71?, by Toni Kan
- Tinubu mourns victims of tanker fire incident in Rivers
- Removal of structures on System 1, Odo Iya Alaro drainage setback will address major flooding issues on the mainland –Tokunbo Wahab
- Abuja Chinese Supermarket labelled all products in Chinese currency – FCCPC
- Gospel musician, Morenikeji ‘Egbin Orun’ Adeleke, laid to rest + Video
- For Ayogu Eze and Ezinne Margaret Nwomeh, by Festus Adedayo