The Supreme
Court has Okayed the convicted General-Overseer of the Christian Praying
Assembly, Chukwuemeka Ezeugo, a.k.a Rev. King to die by hanging.
In a
unanimous judgment Friday afternoon, a seven-man panel of Justices of the apex court
led by Justice Walter Onnoghen
upheld the death sentence that was earlier handed to Ezeugo by the Lagos State
High Court.
Consequently,
the court in its lead verdict that was delivered by Justice Sylvester Ngwuta
dismissed the appeal the convicted clergy lodged before it.
Justice
Ngwuta who noted that “the facts of the case could have been lifted from
horror film,” resolved all the 12 issues Ezeugo raised in his appeal.”
“This appeal
has no merit. The judgment of the court of appeal is hereby affirmed. The
prison sentence that was earlier handed to the appellant is no longer relevant
in view of the death sentence passed on him,” Justice Ngwuta held.
It will be
recalled that Ezeugo was convicted and sentenced to death by hanging on January
11, 2007, for the alleged murder of his church member, Ann Uzoh. He was
arraigned on September 26, 2006 on a six-count charge of attempted murder and
murder. The charge against him was at the instance of the Lagos State
Directorate of Public Prosecutions.
During the
trial, the prosecution had argued that the convict poured petrol on the
diseased, Uzor and five others. Uzoh died on August 2, 2006, exactly 11 days
after the incident. In her judgment, trial Justice Joseph Oyewole who is now a
Justice of the Court of Appeal at Calabar, said there was sufficient evidence
linking the accused person to the commission of the crime.
Consequently,
Justice Oyewole convicted and sentenced Ezeugo to 20 years imprisonment for the
attempted murder and death by hanging for the offence of murder. Dissatisfied
with the judgment, Ezeugo took the case before the Lagos Division of the Court
of Appeal. The condemned clergy, in his notice of appeal dated January 16,
2007, prayed the appellate court to set aside the judgment. Aside 16 grounds of
appeal he raised through his lawyer, Mr. Olalekan Ojo, he was subsequently
granted leave to argue additional 16 grounds based an amended notice of appeal
he filed on June 15, 2008.
Ojo argued
that his client did not commit the crime and was not at the scene of the
incident. He insisted that the deceased, Uzoh, had in two statements she made
after the incident and before her death, stated that she got burnt in a
generator accident and that the cleric was not responsible for her injuries.
Ojo said the Investigating Police Officer, IPO, had tendered statements which
stated that Ezeugo was not responsible for the burns that led to Uzoh’s death.
He alleged that the trial Judge refused to admit in evidence, the statements he
said exonerated Ezeugo of the crime.
The lawyer
further contended had those “vital exhibits” been admitted rather than expunged
by the trial judge, they would have operated to cast serious doubt on the case
of the prosecution. He maintained that Justice Oyewole’s refusal to admit the
exhibits in evidence “occasioned a great miscarriage of justice” against his
client.
Meanwhile,
after due consideration of the case, a three-man panel of justices of the
appellate court, in a lead judgment that was delivered by Justice Fatimo
Akinbami, dismissed Ezeugo’s appeal and upheld the high court verdict. The
other members of the appellate court panel that equally concurred with the
lower court’s verdict were Justices Amina Augie and Ibrahim Saulawa. Determined
to save his life, Rev Ezeugo lodged an appeal before the Supreme Court. His
appeal was challenged by the Lagos state government which through its Attorney
General, Mr. Adeniji Kazeem and Director of Public Prosecutions, Mrs. Idowu
Alakija, urged the apex court to dismiss it and uphold the concurrent verdicts
of the two lower courts. (Vanguard)
