THE NATION TUESDAY, JULY 1, 2014
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CITYBEATS Funsho Williams: Tales of sorrow as judge frees suspects
S
ERGEANT Ikpowansa Imariabe stepped out of the dock, walked outside the court room and knelt down with his hands and tear-soaked eyes facing the heavens. Tears of joy ran down his cheeks as he murmured: “I was locked up for eight years for a crime I did not commit. My wife left me; my mother suffered stroke and has not recovered, but God I still thank you for proving yourself today. At last, the court has proved my innocence.” Then, he got up, still shedding tears, went and hugged his lawyer, Okezie Agbara, who made efforts to console him. Imariabe said” “I am shedding tears of joy.” Similarly, Kayode Mustapha, another defendant in the alleged murder of Lagos politician Funsho Williams, lamented how he lost his child, who he never saw, while in prison and how his mother suddenly went blind following his misfortune. Bulama Kolo, Musa Maina, David Cassidy, Tunani Sonoma, Imariabe and Mustapha have since 2006 been held in prison custody after they were accused by the state government and the police of killing Williams, an Engineer. The defendants, who were security attachés and domestic servants of the deceased, got their freedom yesterday after Justice Adeniyi Adebajo of a Lagos High Court discharged and acquitted them. Ruling on a no-case submission made by their lawyer, Agbara, Justice Adebajo held that the prosecution had not established a prima facie case against them. He said the charges of conspiracy and murder against the defendants were “weak and superficial.” While the prosecution alleged that the fourth to sixth defendants, policemen deployed to provide security for Williams, made calls with their co-defendants with the
By Precious Igbonwelundu
deceased’s mobile phone, Adebajo said the state failed to produce the call logs of the communication in court. Justice Adebajo said: “I agree with the defendants’ counsel that the evidence given in respect of the offence of conspiracy to commit murder is weak and unreliable. Because they are superficial, they amount to speculation when given consideration. There is nothing cogent and compelling to show that any combination of the defendants had acted in furtherance of a crime. “The Supreme Court per Sir Udo Udoma in the case of Daboh and another v the state held that courts usually consider it sufficient if it be established by evidence the circumstances from which the court would consider safe and reasonable to infer or presume conspiracy. “In the circumstance of the present case where the evidence are so superficial that they at best present a situation of mere speculation, it can neither be safe nor reasonable to infer conspiracy.” On the charge of murder, Justice Adebajo held that though it was proven that the deceased was killed, nothing suggests that the defendants’ were his assailants. “It is noteworthy to state that the Chief Medical Pathologist of the state, in his evidence, state clearly that the deceased was killed by strangulation. The dagger and the rope (found at the murder scene) were distractions. The evidence of the pathologist (PW3) clearly established the cause of death. “The prosecution did not make any effort to tie the cause of death to the action of any individual or set of defendants. I am satisfied that the deceased has been shown to have died, but it remains at large after the conclusion of prosecution’s case as to the person
• The late Williams
• Imariabe
or persons who caused his death. “The pathologist who said the deceased died by strangulation did not allude to any of the defendants as having carried out the act, he was never asked. There is absolutely nothing to suggest that the death of the deceased resulted from the act of any of the defendants.” “In the final analysis, I am satisfied that the prosecution has failed to show a nexus between the defendants with a statutory element of the offence with which they have been charged. Further, I am of the opinion that the evidence led is so manifestly unreliable that this court cannot call on the defendants to make their defence. The defendants are discharged and acquitted and the charge is dismissed,” he said.
Imariabe, who was leader of the police team guarding the late Williams, said he was off-duty on the day of the murder. “In the past eight years, I have not been paid salary. The police virtually sacked me. They sacrificed me for an offence I know nothing about...But I leave everything to God. Please I cannot talk now; I just want to talk to my God first. I thank Him for everything.” Their lawyer, Agbara, who said he did the case pro bono, insisted that it would now be just for the police to reinstate Ikponmwose, Kayode and Tunani Sonoma, who were sacked over the incident. He charged the police to carry out their investigation to ensure the actual killers of Williams were brought to justice, just as he lauded the judge for his wisdom in handling the matter. The defendants were first arraigned on March 1, 2013 before Justice Adebajo on a two-count charge of conspiracy and murder of Williams at his 34A, Corporation Drive, Dolphin Estate, Ikoyi home on July 27, 2006. The alleged offence was said to have contravened Sections 316 and 324 of the Criminal Code, Laws of Lagos, 2003. Agbara had on May 20, submitted a no-case-to-answer submission after the prosecution closed its case against the defendants.
Freedom at last... As soon as Justice Adebajo made his pronouncement, the six defendants who were hitherto apprehensive all beamed with smiles as they left the dock. Some bowed severally before the judge, others exchanged pleasant gestures with prison wardens who sat close to the exit door of the court. Outside the court, as Imariabe was giving thanks to God for granting him freedom and Mustapha explaining his ordeal to onlookers, the others were obviously short of words.
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By Precious Igbonwelundu
prosecution’s prayer, stating that the document does not fulfil the provisions of Section 104 of the Evidence Act. He argued that the certification was done after the trial had commenced and that there was nothing to show that legal fees had been paid to obtain the document, citing a case of Tapik United Vs GTB Plc. Ipaye cited Section 141 of the Evidence Act, noting that the proof of payment is required where “there are legal fees prescribed in that respect.” Ipaye urged the court to admit the DVD accompanied with the certification as evidence because they are very relevant. “The DVD was produced at the instruction of the police in the course of investigation; the whole purpose is to put it in evidence in a prosecution initiated by the state as between the police and the prosecution authority. “What the Supreme Court said on the case cited by the defence counsel was that the learned trial judge ought to have ordered counsel to ensure that the said documents are paid for after which the trial continues,” said Ipaye. Subsequently, Akinlade ruled in favour of the prosecution and admitted the video and certification
He had told Justice Adebajo that the state’s case against his clients must collapse because it was built on unfounded suspicion. He submitted that an analysis of the evidence submitted by the prosecution showed that they were at best circumstantial. “For a court of law to base conviction on circumstantial evidence, it must be of a compelling and irresistible nature to show that the accused persons and no one else were responsible for the crime. “There has been no legally admissible evidence against the defendants,” argued Agbara, who insisted the prosecution in its case has failed to connect any of the defendants’ with the murder. Citing Section 243 of the Criminal Laws of Lagos, Agbara urged the court to dismiss the charge and set his clients free. His prayers were, however, objected to by the prosecution who insisted that the defendants had a case to answer, especially because the the late Williams’ phone was found with some of them. Prosecuting counsel Mrs. Idowu Alakija said it had made out a prima facie case enough to warrant the defendants to enter a defence.
Pastor who ‘runs kidnap cartel’ ASTOR Ernest Chukwuemeka arrested Nwankwo, a suspected
Cynthia: Court admits video evidence
LAGOS High Court, Igbosere, has admitted as exhibit a video recording of suspected killers of Cynthia Osokogu tendered by the state. Justice Olabisi Akinlade admitted the video in a ruling after the prosecution and defence teams made their submissions on point of law. Lagos Attorney General, Ade Ipaye, on Friday sought to tender the video evidence, but after opposition from lawyers to the first and second defendants on grounds that the video recording was not certified, withdrew same and prayed for an adjournment. At the resumed hearing yesterday, Ipaye continued his evidence-inchief with film editor and cinematographer, Emmanuel Peters who told the court how he made the video recording and certification. He said that he connected his Sony digital camera to a Panasonic DVD player with a DELL laptop computer which he used in producing the DVD containing the video after which he destroyed the copy on his camera. When shown the video, which played for a short while, the witness identified the DVD and its certification document which Ipaye urged the court to admit as exhibit. However, counsel to the second defendant (Olisaeloka Ezike), Micheal Ajayi objected the
‘I agree with the defendants’ counsel that the evidence given in respect of the offence of conspiracy to commit murder is weak and unreliable. Because they are superficial, they amount to speculation when given consideration. There is nothing cogent and compelling to show that any combination of the defendants had acted in furtherance of a crime’
• The late Cynthia
as exhibits. Another prosecution witness, Inspector Yemi Olagbende from the Homicide Section of State Criminal Investigation Department (SCID), Panti, Yaba, was later called to give account of his investigation, after which the matter was adjourned till September 19 for continuation. The defendants in the trial are Okwumo Nwabufo 34; Ezike, 24; Orji Osita, 33, and Ezike Nonso, 25. They were charged with alleged conspiracy, murder, armed robbery administering illegal drug and receiving stolen property.
kidnapper and ritualist masquerading as the pastor and General Overseer of Holy Family Ministry (a.k.a House of Mercy), has been arrested by the police. Nwankwo, who fled his home and church in Ikorodu, a Lagos suburb, following an allegation by a member of the church, Rosemary Chukwu, that he sent her to kidnap a six-yearold boy on June 25, was arrested in Ebute-Metta, Lagos Mainland. Apart from the boy, eight other kidnapped victims were rescued from him and his gang in Ogolonto, Ikorodu. Police spokesperson Ngozi Braide, a Deputy Superintendent (DSP), who confirmed the arrest, said the suspect who had been on the run since the incident occurred was arrested yesterday. Braide said the matter was being investigated at the State Criminal Investigation Department (SCID), Panti, Yaba Mainland. Chukwu allegedly abducted Kelvin Emmanuel, who lives with his parents in the same compound with her in Ogolonto. Sources said the woman was at the bus stop with a box and other people who were waiting for vehicles heard the cry of a baby from inside the box. It was gathered that at first they thought it was a goat crying but people suspected Chukwu and ordered her to open the box. They were shocked to see a baby in
By Jude Isiguzo
the box and immediately arrested and interrogated her about where she got the baby from and she reportedly confessed that she kidnapped him. Chukwu was beaten up and stripped naked. The mob was about to lynch her when policemen from the nearby Ipakodo Police Station arrived the scene. Chukwu confessed that she kidnapped the baby and wanted to sell him for N4million to a pastor of a popular church in the area who asked her for it. Nwankwo is an indigene of Nsugbe in Anambra East Local Government Area of Anambra State. He allegedly manages two kidnap centres, Happy Family Home Foundation International, at both Ikorodu and Nkwelle-Ezunaka in Oyi council area of Anambra State.
• Nwankwo