Kemisola Oye
JUSTICE Oyindamola Ogala of a Lagos High Court sitting in Ikeja has sentenced a 30-year-old hotel staffer, Ehizogie Jeffrey, to death by hanging for killing a United Kingdom(UK) returnee and the owner as well as the manager of the hotel.
The judge finds Ehizogie guilty of the murder charge filed against him by the Lagos State government.
The state government had in suit no: ID/10428C/2019 alleged Ehizogie (and others at large), of strangulating the UK returnee, Sola Olusoga, beating her with a rope on 25 January 2019 at Etasol Hotel, No. 42, Budland Street, Ojodu-Berger.
The defendant (and others at large) also killed one Tunji Omikunle, the Manager of Etasol Hotel, by strangulating and beating him to death, then collected a key from his pocket, opened Olusola’s apartment, entered and strangled her to death.
He was slammed with the offence of murder contrary to the provision of Section 223 of the Criminal Law Cap. C17, Vol. 3, Laws of Lagos State 2015.
The prosecution arraigned the defendant on 7th December 2020 and he pleaded not guilty to the two counts information proffered against him and the trial commenced on 25th February 2021.
During the trial, the prosecution called four witnesses against the defendant, among which is one of the hotel staffers, David Nkwor, and two police officers, ASP Chris Akpanomo, ASP. Malik Aliyu and Harrison Bruce.
The first prosecution witness (PW1), Nkwor told the court that as of January 2010, he was working at Etasol Hotel, Ojodu Lagos. He identified the defendant as one of the staffers of the hotel in 2019. He testified that on 24 January 2019, a worker prepared instant noodle and served it to the defendant who gave them to him (PW1).
He said when he was eating the same, Jeffery and Henry (also workers) were walking around. He went to sleep after eating the instant noodle because it was late at night. He testified that Jeffery slept with him while Henry went to the manager.
“The following day in the morning, the police from Ojodu division, woke him up around 7 am, said they couldn’t find Jeffery and his phone. He said that the police told him that some people tied his Managing Director and was killed, they started asking him for the whereabouts of the manager, and he said the manager slept upstairs with Henry.”
He continued that they checked, but they couldn’t find the manager, when they were about to leave, police said they should check the reception toilet which they did and saw a man lying in the toilet. He told the court that they asked him who it was and he told them that it was the manager, he was tied and killed.
“PW1 testified that the police took him to Ojodu Police Station at Grammar School. He was released that day and the case was transferred to Panti. He was invited and wrote a statement. After a few days, the Managing Director’s daughter returned from abroad and they brought out the Close Circuit Television (CCTV) camera and played the video. “
According to him, “In the video, he saw Jeffery, Henry, White and four other persons beating the manager, they killed him and put him inside the toilet. They climbed up to the Managing Director’s apartment. “
The witness told the court that, after some months, the police got Jeffery (the defendant) who confessed after he watched the Close Circuit Television himself at SCID Panti.
During cross-examination of PW1, he confirmed that the police woke him up. He told the court he did not know what was happening.
Also, the second prosecution witness ASP. Chris Akpanomo, a police officer testified as to how the defendant was brought to his office on 28 January 2019.
According to him, “I was at the SCID Panti when a case of murder of one Olusola (f) and Tunji (m) was transferred from Ojodu Berger Police Station to SCID and referred to me for investigation.
“On receipt of the transferred case file containing exhibits like a knife, chisel and a carved wooden gun, and others including photographs of the deceased were handed over by the Investigating Police Officer of the Ojodu Berger Police station.
“He testified that on receipt of exhibits, he recorded the statements of the Investigating Police Officer (IPO) and other available witnesses. He then proceeded to the scene of the crime at 42, Bola Street, Ojodu Berger.
“PW2 testified that when he got there, he saw a two-storey building, a hotel and a suite fenced with a gate. He saw where the said Tunji was tied and killed in the hotel, and in a small duplex within the hotel premises where the owner, Olusola, resided. The apartment was scattered as if they were looking for something. PW2 told the court that he invited ex-staffers and other staff members and recorded their statements.
“PW2 testified that the hotel has a CCTV camera which was brought to his office. In the CCTV camera, he said he saw the defendant and others where they tied the manager and strangled him to death, then collected a key from his pocket, open Olusola’s apartment, entered and strangled her to death.
“PW2 told the court that he saw them scattering the hotel and taking out some things from the hotel. He testified that since their whereabouts were unknown, they contacted a tracker, with the help of the tracker, they saw documents of the defendant’s elder brother who stood as a guarantor when the defendant was employed, his name is Daniel.
“PW2 testified that they got his brother, he took them to Port Harcourt to one of his sisters who then took them to a place called “Oguoso New Site”. They saw the defendant there in one bedroom apartment with a young lady.
“PW2 told the court that they arrested the defendant and took him to the nearest police station where he volunteered a cautionary statement.
“PW2 testified that in Port Harcourt, they tried to reach other conspirators but were able to reach only one on the phone. When the defendant called him and told him that he wanted to see him.”
Justice Ogala however held that there is no doubt that these facts are tested and corroborated with the exhibits before the court. “There is no doubt that the defendant was present in the premises of the scene of the crime as confirmed by him in his evidence and exhibits before the court
“The defendant had the motive and the opportunity to commit the offences he stands charged with others at large. Most of all, the confessional statement is consistent with the other facts before the court.”
Citing a plethora of decided cases, Justice Ogala held that “the court has carefully considered the evidence of the defendant before the court, particularly his account of how he left the premises on 25 January 2019 and his incredible story as to why he did not return to the hotel after the incident nor report at the police station.
“The defendant had no clear explanation as to why he had to flee to Port Harcourt the next day up until his arrest. The court believes that the defendant indeed wrote the confessional statement (exhibit PW2(a)-(c) and his feeble attempt to retract same was to exonerate himself from the commission of the deadly act.
“The court, therefore, find that the circumstantial evidence against the defendant in this instance is unequivocal, positive and irresistibly points to the guilt of the defendant on the two count charges he stands faced with”.
The court held that “after careful consideration of the facts in the case, find the defendant guilty on counts 1 and 2 as charged and stands convicted thereof.
“Having found the defendant, Jeffrey Ehizogie, guilty of the two counts of murder. The sentence of the court upon you, Jeffrey Ehizogie, is that you be hanged by the neck until you be dead. May the Lord have mercy on your soul.”
Eighteen-Eleven Media