Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Lagos State High Court sitting in Ikeja has convicted and sentenced a man, Justice Odey, to death by hanging for the murder of 35-year-old Benedict Agara, whom he killed during a fight over a woman identified as Amina. Justice Modupe Nicol-Clay, who delivered the judgment on Thursday, 10 July 2026, in Suit No. LD/17040C/2021, found Odey guilty of murder contrary to Section 222 of the Criminal Law of Lagos State, 2015.
According to the prosecution, the incident occurred on April 3, 2021, at Block 33, Flat 102, Jakande Housing Estate, Lagos, where Odey allegedly attacked Agara with a broken bottle, inflicting multiple stab wounds to his hand, stomach and other parts of his body. Agara later died from the injuries he sustained.
During the trial, the prosecution, led by Titilayo Olanrewaju Daud and Z. O. Abdulaziz, called a single witness, ASP Mariam Ibrahim, the investigating police officer, and tendered six exhibits in support of its case. In her judgment, Justice Nicol-Clay held that the prosecution had successfully established all the essential elements of the offence beyond a reasonable doubt, stressing that the burden of proof in criminal cases remains with the prosecution throughout the proceedings, except in limited circumstances provided by law.
The court noted that the offence of murder could be proved through direct evidence, circumstantial evidence or a voluntary confessional statement made by the accused. Justice Nicol-Clay dismissed the defence's contention that the testimony of the investigating police officer amounted to hearsay, ruling that evidence given by an investigating officer based on findings made during the course of an investigation is legally admissible. "The oral evidence of an IPO is not hearsay, contrary to the assertion of the convict's counsel. It is the direct evidence of the investigation, and the same is admissible and can be used to convict an accused person," she ruled.
The court also rejected the argument that the prosecution failed to produce medical evidence establishing the cause of death. According to the judge, while medical evidence is desirable in murder trials, it is not mandatory where there is sufficient evidence clearly showing the circumstances surrounding the victim's death. "Medical evidence, though desirable in establishing the cause of death in a case of murder, is not always essential where the victim dies in circumstances in which there is abundant evidence of the manner of death," she said.
Although there was no eyewitness who directly saw Odey stab the deceased, the judge held that the circumstantial evidence presented before the court overwhelmingly linked him to the crime. "There is no eyewitness account of a person who saw Odey stabbing the deceased; however, there is strong circumstantial evidence from the convict, putting him as the only person who fought and injured the deceased on the day of the incident," Justice Nicol-Clay stated. She further ruled that the evidence before the court clearly established that Odey's unlawful actions directly caused Agara's death. "There is sufficient proof that the unlawful act of the convict caused the death of the deceased. The evidence before the Court unequivocally and unmistakably showed that no other person but Odey was responsible for the death of the deceased," the judge added.
On the confessional statement allegedly made by Odey, the court declined to rely on it, holding that it was obtained in violation of legal requirements. Justice Nicol-Clay ruled that any confessional statement obtained without video recording or in the presence of a lawyer is inadmissible. "I find myself unable to attach any weight to the confessional statement," she said. The court subsequently convicted Odey after finding that the prosecution had established all the essential ingredients of murder beyond a reasonable doubt. "Odey is hereby found guilty of the offence of murder and is convicted of the offence," the judge held.
The case arose from an altercation between the convict and the deceased over a woman identified as Amina, which escalated into a violent confrontation that proved fatal. Odey is expected to face the death penalty by hanging in accordance with the law.
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