The Lagos State High Court sitting in Ikeja has sentenced Adakole Ogbodo to death for the murder of a man identified simply as Bolaji following a violent dispute over sachet water.
Justice Modupe Nicol-Clay convicted Ogbodo on Tuesday and subsequently handed down the death sentence after finding him guilty of the offence.
The case arose from a violent confrontation at 66B Mosley Road, Ikoyi, Lagos, on January 31, 2022.
The Lagos State Government, through its prosecution team led by former Director of Public Prosecutions, Dr Babajide Martins, alongside Mrs Titilayo Olanrewaju-Daud, had charged Ogbodo with murdering Bolaji.
According to the charge dated June 20, 2022, Ogbodo allegedly attacked the deceased with an iron object and a knife.
The prosecution said the offence contravened Section 223 of the Criminal Law of Lagos State, 2015, which provides the death penalty for murder.
How the Dispute Began
During the trial, the prosecution called three witnesses, including carpenter Chigozie Paul and two police officers, Inspector Damian Ogunye and Inspector Adeniyi Shola.
Paul told the court that he witnessed a fight between Ogbodo and the deceased after the two men had been eating together and disagreed over sachet water.
According to his testimony, Ogbodo attacked Bolaji with a scaffolding pipe during the altercation.
Paul said the deceased fell after he was struck, but Ogbodo allegedly continued pursuing him across the road and continued the assault.
The witness told the court that he later saw Bolaji’s lifeless body on Mosley Road the following morning, while Ogbodo was sitting a short distance away.
Paul further testified that when police officers arrived at the scene and asked Ogbodo whether he knew the deceased, he answered yes.
When asked who had killed Bolaji, Ogbodo reportedly responded, “Him,” referring to himself.
Witness Admits He Did Not See the Moment of Death
During cross-examination, however, Paul acknowledged that he did not actually witness the precise moment Bolaji died.
The defence relied on this and other aspects of the evidence in challenging the prosecution’s case.
The defence argued that the prosecution had failed to establish Ogbodo’s guilt beyond reasonable doubt.
It also pointed to what it described as contradictions in the witnesses’ testimonies, the absence of an eyewitness to the actual killing and the lack of an autopsy report establishing the cause of death.
Police Evidence Presented in Court
Inspector Damian Ogunye, one of the police witnesses, told the court that officers responded to a report of murder and proceeded to the scene.
He said the police documented the condition of the body before evacuating it to the Infectious Disease Hospital in Yaba.
Ogunye further testified that Ogbodo was arrested at the scene and that a knife was recovered from him.
Another police witness, Inspector Adeniyi Shola, told the court that the matter was subsequently transferred to the State Criminal Investigation Department, Panti, for further investigation.
Shola also said some people who were present at the scene declined to make statements to the police.
Court Rejects Defence Arguments
Justice Nicol-Clay rejected the defence’s argument that the absence of a direct eyewitness to the killing meant the prosecution had failed to prove its case.
The judge held that a conviction could be based on circumstantial evidence where the evidence was sufficiently strong and compelling.
“It is permissible to rely on surrounding circumstances to identify the perpetrator of a crime in the absence of eyewitnesses,” the judge held.
Justice Nicol-Clay described the evidence presented before the court as “overwhelming.”
According to the court, the evidence established a chain of circumstances linking Ogbodo to the death.
The judge noted that Ogbodo was allegedly seen assaulting the deceased before he was subsequently found near Bolaji’s body.
The court held that the circumstances pointed irresistibly towards Ogbodo’s guilt.
Judge Rules Lack of Autopsy Was Not Fatal
The defence had also argued that the absence of medical evidence or an autopsy report weakened the prosecution’s case.
Justice Nicol-Clay rejected that argument, holding that the evidence before the court was sufficient to connect Ogbodo’s unlawful actions with the death of the deceased.
The court also considered the question of intent.
Justice Nicol-Clay held that striking a person on the head with a scaffolding pipe demonstrated knowledge that such an act could cause death or grievous bodily harm.
The court consequently found Ogbodo guilty of murder.
Court Hands Down Death Sentence
Following the conviction, the court proceeded to sentencing.
Justice Nicol-Clay noted that the offence carried a mandatory death penalty under Section 223 of the Criminal Law of Lagos State, 2015.
The judge therefore held that the court had no discretion to impose a lesser sentence once Ogbodo had been convicted of the offence charged.
The defence had pleaded for leniency, citing Ogbodo’s prolonged detention since 2022 and his lack of family support.
The plea, however, did not alter the court’s decision.
Justice Nicol-Clay consequently sentenced Adakole Ogbodo to death for the murder of Bolaji.
The case brings to an end a trial that began after the January 31, 2022 altercation at Mosley Road, Ikoyi, in which a disagreement over sachet water escalated into a fatal confrontation.
