Egbema Osi: Evidence at trial court not enough to convict him to die by hanging -Findings

•As He Lacks Good Legal Representation

•Key Defense Witness Died Mid-trial

By Monday Peters, Abuja

Following the sentencing of a 23-year-old promising Ijaw youth, Mr. Newman Osi of Ajakurama Community in Egbema Kingdom, Warri North LGA, Delta State, to death by hanging. Congress Newspaper has carried out an in-depth investigation into what appears to be a hasty conviction lacking substantial evidence.

Our findings reveal serious gaps in the trial and investigation that led to the judgment delivered by Hon. Justice C.E. Achilefu (Mrs) of the Delta State High Court, Warri Judicial Division, on 8th December, 2011.

LACK OF PROPER INVESTIGATION AND LEGAL REPRESENTATION

The investigation shows that the conviction was rushed and conducted without a thorough police investigation into the facts of the case.

It was further gathered that the convict had inadequate legal representation throughout the trial. The case involved a complainant of Itsekiri origin. The defense lawyer, Barr. Dudu of Esegan Chambers, Sapele, who handled the matter at the trial court, and the appeal counsel, Mrs. Olivia Akpajor, are both said to be of Itsekiri extraction.

KEY DEFENSE WITNESS DIED BEFORE CROSS-EXAMINATION

A critical turning point in the case was the death of the only defense witness who could have aided a proper investigation, Police Inspector Rufus Atibaka. He died in an automobile accident before cross-examination.

According to Mr. Osi, it was after this incident that the entire direction of the case changed. He alleged that the proceedings were influenced by the complainants and the Investigating Police Officer.

The IPO that handled the case, Mr. Stephen Obuagwu, later withdrew from the matter. Despite the gravity of the case, he did not file any formal protest to his superiors at the Delta State Police Headquarters in Asaba as head of the Criminal Investigation Team.

However, he still appeared in court to testify as a defense witness without raising any objection to his superiors about the manner of investigation. This, analysts say, weakens the credibility and weight of the evidence he presented.

NO DIRECT EVIDENCE ON CONSPIRACY CHARGE

On the charge of conspiracy, our investigation found no direct evidence to establish the offence. This is a common flaw in conspiracy prosecutions.

“Despite the allegation that I acted in concert with others at large to commit armed robbery, I was the only person prosecuted. No other member of the alleged syndicate was identified or charged in connection with the offence,” Mr. Osi stated.

Congress Newspaper_ will continue to monitor developments in this case and calls for a review to ensure justice is not only done, but seen to be done.