News on Top The Court of Appeal in Lagos has affirmed the death
sentence passed on the General Overseer of the Christian Praying
Assembly, Chukwuemeka Ezeugo (aka Rev. King), by a Lagos High Court in
Ikeja on January 11, 2007.
In a unanimous judgment read by Justice Fatima Akinbami on Friday,
the appellate court dismissed Ezeugo’s appeal, stating that the
prosecution had “surely and effectively” proved its case against the
convict at the trial court.
Ezeugo had appealed the judgment of Justice Joseph Oyewole, who had
convicted and sentenced him to death by hanging for the alleged murder
of a church member, Ann Uzoh, and attempted murder of five other
devotees.
The convict is currently among the death row inmates at the Katsina Maximum Prisons in Katsina State.
Delivering judgment on the appeal, the Justice Amina Augie-led
three-man panel dismissed the appellant’s contention that there were
“contradictions and inconsistencies” in the prosecution’s evidence.
Other members of the panel are Justice Fatima Akinbami and Justice Ib
rahim Saulawa.
Akinbami, who read the lead judgment, said, “This appeal fails and
is hereby resolved against the appellant. This appeal is devoid of merit
and it is hereby dismissed.
“The conviction and sentence passed on the appellant on January 7,
2011 by Justice Joseph Oyewole of the Lagos High Court, Ikeja Division
is hereby affirmed.”
The condemned cleric, arraigned on September 26, 2006 on six counts
of attempted murder and murder, was said to have poured petrol on six
devotees for an offence which he classified as “acts of fornication,”
and set them ablaze.
One of the victims, Uzoh, died on August 2, 2006, 11 days after the
incident, as a result of the injuries she sustained from the incident.
Counsel for the appellant, Mr. Olalekan Ojo, had among his 32
grounds of appeal, argued that the judgment of the trial court
occasioned a miscarriage of justice for relying on unresolved
contradictions and inconsistencies in the prosecution’s evidence.
According to the lawyer, there were contradictions in the
testimonies of some of the prosecution witnesses, with some saying that
the cleric ordered for matches to set the victims ablaze and others
saying he only ordered for matches after a lighter failed.
Akinbami said the contradictions were immaterial to the case of the prosecution.
She said, “Not all contradictions in the case of the prosecution
will raise a doubt. For contradictions to be fatal to the prosecution’s
case, they must be related to the material fact.
“All the witnesses are unanimous that the appellant used matches.”
On Ojo’s contention that the evidence adduced by the prosecution
did not show that the action of his client was linked with the death of
the deceased, Akinbami said the evidence given by eyewitnesses, and that
of a pathologist ascribing the cause of death to “hypovolemic” (severe
loss of blood and tissues), showed that Ezeugo’s action was the cause of
death of one of the victims.
“The evidence is overwhelming and damning,” she said.
The justice, who also descended on Ezeuogo over his “dastardly and
nefarious” act, ended the two-hour judgment on a philosophical note,
saying his action “reflects the moral decay of the society in which we
live.”
She said the condemned cleric presumed to be a man of God, “instead
of protecting and guiding his followers, resorted to setting them
ablaze and roasting them.”
Akinbami added, “He was offering them stone when they demanded bread. He was giving them scorpion when they demanded fish.”
But the defence counsel rejected the judgment. He promised to challenge the judgment at the Supreme Court.
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