The Cross River State High in Calabar, today (Thursday) dismissed the case of no submission entered by defence counsel, Mr. Clement Ukaegbu, over the murder of a 22-year-old boy, Douglas Ojugbo.
The murder suspect, Mr. Godwin Elewanna, had on March 10, 2015 allegedly killed Douglas over suspicion that the victim was having an affair with his daughter, Mercy.
However, in his no-case submission in suit No. HC/9c/2017), Ukaegbu, had on October 24, argued among others that one of the witnesses, Mr. Augustine Ojugbo (father of the deceased) did not give evidence in court or cross-examined on the authenticity of the claims.
But the prosecution team led by Mr. Eneji Amajama, of the Department of Public Prosecutions, state Ministry of Justice, had noted that in the course of trial, the prosecution had called three key witnesses including the mother of the deceased, Mrs. Maria Ojugbo.
In his ruling, the presiding judge, Justice Ukpa Ebitam, said that a prima facie case had been established following the confessional statement made by the accused before the police investigating team.
He said, “At the close of adoption of parties’ documents on October 24, the accused was praying the court that the charge against him be dismissed on the ground that no prima facie case had been made against him by the prosecution requiring him to enter defence.
“Having considered the evidence before the court and argument before the parties, the court is upholding the prosecutor’s position that a prima facie case has been established, in particular, the confessional statement made by the accused before the Zone Six Police Command, that requires explanation by the accused.”
While adjourning the matter to December 13 and 14 for defence, the judge ordered that the accused be remanded in prison custody.
Counsel to the accused could not be reached for his comment, but the prosecuting team led by Amajama expressed satisfaction over the decision of the court.
Amajama said, “I am vindicated because the ruling vindicates our position that we have made out a case against the accused person requiring his defence.”
The murder suspect, Mr. Godwin Elewanna, had on March 10, 2015 allegedly killed Douglas over suspicion that the victim was having an affair with his daughter, Mercy.
However, in his no-case submission in suit No. HC/9c/2017), Ukaegbu, had on October 24, argued among others that one of the witnesses, Mr. Augustine Ojugbo (father of the deceased) did not give evidence in court or cross-examined on the authenticity of the claims.
But the prosecution team led by Mr. Eneji Amajama, of the Department of Public Prosecutions, state Ministry of Justice, had noted that in the course of trial, the prosecution had called three key witnesses including the mother of the deceased, Mrs. Maria Ojugbo.
In his ruling, the presiding judge, Justice Ukpa Ebitam, said that a prima facie case had been established following the confessional statement made by the accused before the police investigating team.
He said, “At the close of adoption of parties’ documents on October 24, the accused was praying the court that the charge against him be dismissed on the ground that no prima facie case had been made against him by the prosecution requiring him to enter defence.
“Having considered the evidence before the court and argument before the parties, the court is upholding the prosecutor’s position that a prima facie case has been established, in particular, the confessional statement made by the accused before the Zone Six Police Command, that requires explanation by the accused.”
While adjourning the matter to December 13 and 14 for defence, the judge ordered that the accused be remanded in prison custody.
Counsel to the accused could not be reached for his comment, but the prosecuting team led by Amajama expressed satisfaction over the decision of the court.
Amajama said, “I am vindicated because the ruling vindicates our position that we have made out a case against the accused person requiring his defence.”
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