Murder case: Court frees 4 cops, doctor

Four policemen and a medical doctor, who were standing trial for alleged murder and manslaughter, yesterday, breathed the air of freedom as they were discharged and acquitted by an Imo State High Court. The lucky policemen and the medical doctor were Corporal Achonu Kelechi, Martins Lifu, Chukwuka Obugagbe and Nnama Asukwo as well as Dr Fidelis Onu. While the four policemen had earlier been charged in suit HOW/109c/2011 for alleged murder of a traditional ruler, Eze Emeka Njoku , Dr. Fidelis Onuh, a medical consultant, was charged in suit HOW/164c/2012 for allegedly killing his wife, Mrs. Grace Onuh. In separate judgments, the Chief Judge of the state, Justice Benjamin Njemanze, held that the prosecution failed to prove the cases beyond reasonable doubt. According to Justice Njemanze, under the provisions of Section 35(5) of the Nigerian Constitution (as amended), it is not the duty of an accused to prove his innocence, stressing that the onus of prove rests with the accuser. According to the Chief Judge, “it is not the duty of an accused to prove his innocence, it is the accuser that must prove the accused person’s guilt.” Continuing, Njemanze said that, “where there are gaps or conflicting versions in the evidence adduced by the prosecution, the court will take the version favourable to the accused.” Justice Njemanze maintained that the prosecution also failed to prove who actually fired the gunshot that killed the late traditional ruler, Eze Njoku. “The prosecution failed to call the two mobile policemen from Nasarawa State, who were involved in the shoot-out which caused the death of the deceased. Why were they not included in the charge in spite of the fact that the evidence revealed that they took part in the shoot-out?” the Chief Judge queried. He also queried if the mobile policemen reported their presence to the Imo State Police Command, pointing out that, “the deceased, Eze Emeka Njoku, was a victim of a well crafted and executed political intrigue.” Also, in the case of the medical doctor, Justice Njemanze stated that the prosecution must prove in a murder case that the act of the accused actually caused the death of the deceased. “In the instant case, the summary of the totality of the evidence is that the accused possibly committed the offence. In the final analysis, I hold that the prosecution failed to prove this case beyond reasonable doubt. Consequently, the accused is discharged and acquitted,” Njemanze said. Speaking after the judgment, counsel to the medical doctor, Mr. Declan Madu, said his client had been vindicated because it was a traumatic experience to have the man docked for the murder of his wife for which he was absolutely innocent