Kemisola Oye
JUSTICE Oyindamola Ogala of a Lagos State High Court sitting in Ikeja has convicted and sentenced Akinwale Akinlabi to 12 years imprisonment for killing his wife, Cecilia Tope Akinlabi.
The court found Akinlabi guilty of a manslaughter charge brought against him by the Lagos State government.
The prosecution had alleged that Akinwale Akinlabi on or about 2nd February 2020 at No. 23, Adeogun Street, Ijaiye Ojokoro area of Lagos, unlawfully killed one Cecilia Tope Akinlabi.
The defendant was arraigned before the court on 26 July 2021 and pleaded not guilty to the charge.
The prosecution commenced trial, and both parties (prosecution and defendant) called their witnesses to prove their cases before the court.
However, while delivering judgment earlier today, Justice Ogala held that the prosecution had proved beyond reasonable doubt the one-count charge of manslaughter brought against the defendant for killing his wife (Cecilia Tope Akinlab), who died on the 2nd February 2020.
Justice Ogala held, “Having carefully reviewed the evidence before the court, the evidence tendered and position of case law, the court finds that the prosecution has provided circumstantial evidence beyond a reasonable doubt, the unlawful acts of the accused which harmed the deceased and caused her death.
“The court finds that it is clear from the evidence before it that the fatality arose from the violence (fight) that ensued between the defendant and his wife. It is also clear that the death was unintentional and that the deceased died shortly after the fight. The fact of vertical scars on the back of the deceased, as stated in exhibit (f), corroborates the evidence of the prosecution witnesses and situates the sustained injury.”
Justice Ogala thereafter sentenced Akinlabi to 12 years imprisonment after finding him guilty of the offence of manslaughter.
During the trial, which commenced on 12 May 2022, Inspector Jumai Adonduwa told the court that the deceased had reported her husband (the defendant) to the police for domestic violence before her death.
“The deceased on 30 January 2020, at about 23:40 hours, made a report against her husband, the defendant, at the station and stated that on that particular day at about 10:00, her husband demanded N100 from her to buy a recharge card and she said she didn’t have any to give him, the defendant then used a bunch of broom to beat her in the presence of her son.
“She said she left home for peace to reign and thought that by the time she returned, all would be settled.”
PW1 told the court that the deceased returned at about 22:00 hours and the beatings continued.
“She said that the radio in the room was on and was too loud, and she tried reducing the volume; the defendant came in from nowhere and started beating her with fist blows all over her body. The defendant then pushed her, and she fell on a glass shelf in their room.
“She said that the glass broke and she sustained a serious injury with a deep cut and that her husband continued to beat her and it was her son that rescued her from the defendant and that the defendant threatened to beat her to death, saying that his family has money for a court case.”
The witness further told the court that the children said that their mother was purging blood and was eventually rushed to the hospital when she slumped.
But the defendant in his defence said he married his wife for 21 years and in the course of the marriage, there was no violence at all, he confirmed that 29 January 2020 was the first time police would get involved and disclosed that his wife had been having attacks and fainting, and confirmed that apart from what happened on the 29 January 2020, his deceased wife did not have any disagreement with anyone that he knew of.
However, Justice Ogala held that there was consistency in the evidence of the prosecution witnesses as regards the facts leading to the fight between the defendant, his wife and the resultant injury.
“Prosecution has indeed established the ingredients of the offence of manslaughter that the defendant is charged with. He is therefore accordingly convicted of same”
“After having heard and having considered the plea of the defence counsel, and also taking into consideration the peculiarity of this case, the defendant is accordingly sentenced to a term of 12 years from the period of his incarceration, from 3 February 2020 would also be taken into consideration. “
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