An Ikeja High Court in Lagos State on Monday reserved judgement in the case of a man, Chukwuma Njoku, for alleged murder of his brother, until January 15, 2024.
Justice Oyindamola Ogala did after written addresses by the prosecution and defence counsel were adopted.
Meanwhile, the Defence Counsel, Kudus Mumuni, stated that there was no intention of sending a reply to the Lagos State Prosecution written address dated November 8.
Mumuni had prayed the court to discharge and acquit Njoku on the grounds that the prosecution had failed to prove a death, cause of death and a death caused by an action of the defendant.
He said there was no evidence of death or a picture to prove the same before the court.
He recalled that the Supreme Court had said that a death certificate and/or eyewitness account to establish the fact were required, but this was not proven before the court.
Mumuni stated that only one witness, the Investigating Police Officer, who was not originally the IPO, had given accounts, which he considered as hearsay.
“The only evidence the prosecution is struggling to rely on is the confessional statement of the defendant, which he had retracted,” he said.
He added that the confessions did not corroborate any of the evidence by the prosecution before the court.
Mumuni said there were distinct differences in the identities of the accused (Chukwuma Abel Njoku) and another (Uchenna Njoku), submitting a possible misrepresentation.
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The Lagos State Prosecutor, Ola Azeez, however adopted the written address dated November 8.
The News Agency of Nigeria reports that Njoku is facing a count charge of murder.
The alleged offences contravene the provision of Section 223 of the Criminal Law of Lagos State, 2015.