- Assailant left off the hook
- DPP moves to arraign victim of bloody attack for attempted murder
- Victim says ‘my wife is the aggressor’
Kwekwu Thomas l Monday, August 19, 2019
LAGOS, Nigeria – Fourty five year old Godwin Nwobike is not a happy man and this is connected with the way the office of Directorate of Public Prosecution(DPP) is handling the rift between him and his wife, Stella.
Nwobike as at now feels dejected and harassed by institutions which he feels are meant to protect him. He is of the view that justice is eluding him in this matter based on the advice of the Directorate of Public Prosecution(DPP) on the matter concerning him and his wife.
The advice dated January 23, 2019, with reference number LJP/HOM 2019 / 143/16 addressed to the Deputy Commissioner of Police , Yaba Lagos among other things recommended him for ATTEMPTED MURDER trial. But Godwin felt let down as he claimed that the basis of the advice was at variance with what really transpired between him and his wife. His Lawyer Shaw Jason has already taken up the matter with series of correspondence between him, DPP, police and the court.
In a petition to the DPP seeking a review of the advice, his lawyer premised his request on what he tagged very obvious and important evidence which punctures the contradiction and inconsistencies in the case. According to him, the basis for the DPP’s advice suggested a lopsided evaluation of the facts. He stated that the evaluation of the facts, as stated in the DPP advice relied soley on three statements – the story of Stella Nwobike, the story of Chioma Iwu and sister to Stella.
He argued that the story of the 10 years old daughter of the Nwobikes was not taken independently by the police but in the presence of an interested party, the brother to Stella many days after the incident had occurred.
This stand consequently ruled out the evidence of other witnesses to the case who saw the said Stella Nwobike and Chioma Iwu boasting that they will kill Mr Nwobike if he returns to the house while he was still in the pool of his blood. Besides, he is of the view that the Legal advice never made any reference to any medical report validating its position on attempted murder. According to him, statements of the parties involved including his wife Stella and her sister, Chioma left much to be desired
He has raised two issues upon which the legal Advice was errorneously anchored. 1. None existent facts in the original or duplicate files(OBFUSCATION OF ALLEGATIONS OF STRANGULATION) and two, Legal Advice based on inconsistent testimonies of Suspects( THE USE OF TASER).
He referred to the Statement of Stella Nwobike (one of the suspects now turned complainant by the automatic authority of the DPP) dated July 28, 2018 at Ogombo Police Station where she claimed that her husband collected her phone from the side of the bed where she was sitting and in a struggle to recover the phone from him he used something like a ‘TOURCH LIGHT’ on her body and that she started feeling cool inside of her and passed out immediately..
In another breadth, on July 30 2018, the same complainant claimed the husband attempted to use a pillow to suffocate her. She claimed to have been rescued when the scream of her daughter attracted the attention of her sister, Blessing who came to intervene. She claimed her sister and neighbour resurcitated her, whereas a report from BUDO Hospital in Ajah stated the contrary. According to the report, she was certified fit upon ‘medical examination’.
This is the report the Police Officer Inspector Akande Suleiman gave pursuant to his investigation and arrest of the said Nwobike Stella from Budo Hospital. According to the Lawyer, there was nowhere in the statement earlier made at the police station where anyone alleged strangulation or made any reference to strangulation. This was at least not in the statement made on July 28, 2018 when the matter was still fresh in her memory.
Based on these facts, he wondered why this should form the basis of the Legal Advice despite the many inconsistences.
He also referred the DPP to the incident that led to the arrest of Chioma Iwu who was reportedly arrested where she was hiding after the report at BUDO Hospital Ajah, Lagos, which ruled out any harm to Stella Nwobike. According to the Lawyer, the case of strangulation falls flat and must be discontenanced.
Referring to the statement of Chioma Iwu the Petitioner’s Sister in law, the Lawyer brought out two areas of contradictions. “Reaching there, I saw my sister on the floor unconscious, the husband was using the thing that look like TOURCH on her with leg on her face…. that was on July 30 2018.
But earlier on (July 28, 2018), she wrote, on getting upstairs, I saw my sister on the floor lying down helplessly and he was using electric tourch to shock her and his leg to mash her, I was trying to separate them….”
Besides, he averred that the account of the daugther.. Chidera did not also support the assertion of STRANGULATION. She, in her acount only reported a scuffle that was separated by aunty Blessing. “When Aunty Blessing came, My Daddy was still beating My Mummy…’
These inconsistencies, the Lawyer claimed are in sharp contrast with the account which formed the basis of the ADVICE, saying it was in sharp depature from the police investigation which the DPP ought to have relied upon. In summary, the lawyer claimed that the Legal Advice did not provide any basis for naming his client, NWOBIKE GODWIN as an accused person.
He also wondered why the Complainant’s Sister was not charged for attempted Murder despite the severe injuries by stabbing with broken bottle she inflicted on Mr. Nwobike and the Medical report which revealed that Mr. Nwobike Godwin arrived unconscious and on examination he was pale +++ covered in blood and unresponsive.
The injuries was contained in a Medical report from BUDO Hospital, Ajah, which showed that he was stabbed over 8 times in multiple places, some extending as much as 8cm -12 cm long and deep.
He said what the attacker got was a slap on the wrist as Charge number LA/ 270/2018, Commissioner of Police vs Chioma Iwu before a Yaba Magistrate Court presided over by Magistrate P.A Ojo which the police had earlier preferred against the said Chioma and the recommendation of the Legal advice which tallied with the charge of the police never took account of the medical report from Budo Hospital suggestive of fears that the DPP and the Police may have been compromised.
Apart from the injuries from the sister, Mr. Nwobike was also subjected to another round of humiliation from Police allegedly on the instance of the wife who had levelled several allegations including lack of financial assistance for the home upkeep against Mr. Godwin.
Hospital Medical report confirmed another round of physical injuries by Police who forcefully whisked him away and ruptured his ear membrane. This is in spite of a petition which has suffered in the hands of the Police at Zone 2 Onikan in which Mr Godwin is seeking the prosecution of his wife Stella Nwobike, Benneth Robert Iwu, and other person believed to be Mobile Police officers still on the run
But in a reply dated August 5, 2019, almost one whole month after the petition and a reminder to reply to the petition was served on the DPP, the office of the DPP insisted it is standing by its earlier report indicting Godwin and expressed the readiness to prosecute the matter to logical conclusion.
According to the DPP, there are no fresh fact to necessitate a review of the previous Advice. But apart from seeking a review , Godwin expressed the fear that he is no longer safe, claiming there are many forces after him, but he is still confident that the DPP and the Honourable Attorney General of Lagos if designated will still do the needful.
