Ladapo Kolade
For pouring acid on his ex-girl friend and his rival, a Lagos High Court sitting in Ikeja yesterday sentenced a 32-year-old carpenter, Onyekachi Agu to seven years imprisonment with hard labour.
The corrosive substance, acid
caused grievous bodily harm to his rival, Mansur Ahmed and the ex-girlfriend, Aishat Adefarati
The trial Justice Oyindamola Ogala while delivering judgment, found him guilty of one-count charge brought against him by the Lagos State government and sentenced Agu to seven years imprisonment with hard labour.
The judge held that the prosecution prove tie case against the defendant beyond reasonable doubt.
The state had alleged the defendant committed the offence on July 3, 2020 at Gangare Hotel, Mile 12, Lagos. The defendant traced the two complainants to an hotel and poured the acid on them.
His offence contravened the provisions of sections 245 of the Criminal Law of Lagos State, 2015
However, the judge held that the case of the prosecution is premised on circumstantial evidence. When the victims said they did not see his face when he poured the corrosive substance as they were sleeping when he pour it through the window of the hotel.
” Pouring corrosive substance on the victims was never contradicted by the defendant. The action of the defendant was considered as intentional. The victim showed to the court, the level of the effect of corrosive substance damaged his body, his face, eye, neck, even the money in his pocket.
“The PW2 (Adefarati) testimony before the court was how she had been harassed and assaulted by the defendant which later led to their separate ways after three years of their relationship. She said has been trying to avoid him.”
The court further held that the prosecution claimed that the scar on the left arm of the defendant was sustained during the attack.
During trial, the prosecution called four witnesses includes; Ahmed, Adefarati police inspector and the Investigation Police Officer (IPO) the PW4, told court how the defendant was arrested and his statement was obtained.
During cross-examination the PW1 and PW2 confirmed that they did not see the person that poured the acid, but suspected the defendant because he has been attacking and harassing them.
Justice Ogala said that the law is trite on the circumstantial evidence as well as the confessional statement of suspect. The defendant in his defence told court that his girlfriend had got pregnant for him and aborted it.
The court held that retraction of the defendant’s confession statement was meant to deceive the court, having pleaded guilty at his arraignment before a lower court.
The defendant did not present any evidence of alibi in testimony. He could not give the court the date and the day he claimed he was going to his brothers house and his brother was not called to testify.
The court therefore found him guilty. The defendant lawyer from the Office of Public Defence (OPD), U.E Omolola pleaded with the court to consider that the defendant is a young man. She noted that he has learnt his lesson.
The judge however asked the victim present in court to step forward and asked him, “Have you been able to get further treatment for your self? You cannot get money as compensation from this defendant.
The court also asked the defendant if he has anything to say before sentencing him, he responded that, “I want to tell the court that it should have mercy on me and I’m sorry.”
The convict therefore faced Ahmed, and said “I’m sorry sir.”
The judge said in accordance with Section 245 of the Criminal Laws of Lagos State, 2015, which stipulated seven years of conviction for causing bodily harm to anyone.
” You, Onyekachi Agu is hereby sentenced to seven years imprisonment with hard labour.”