The Honourable court finds that it is clear from the evidence before it that the fatality arose from the violence (fight) that ensured between the defendant and his wife. It is also clear that the death was unintentional and that the deceased died shortly after the fight
Admin I Monday, November 25, 2024
IKEJA, Lagos – A middle aged man, Akinwale Akinlabi has been sentenced to twelve years imprisonment for killing his wife over N100 recharge card.
The defendant was initially arraigned on July, 26, 2021, on one count charge of manslaughter, to which he pleaded not guilty.
His charge sheet read “Akinwale Akinlabi on or about February 2, 2020, at No 23, Adeogun Street, Ijaiye Ojokoro area of Lagos State, in the Ikeja Judicial Division unlawfully killed one Cecilia Tope Akinlabi.”
According to the prosecution Counsel, the one count charge of manslaughter is an offence that contravenes section 229 of the criminal law Ch. C17, Vol. 3, laws of Lagos State 2015.
The judge held that the prosecution had proved beyond reasonable doubt the one count of the manslaughter of his wife Cecilia Tope Akinlabi who died on Sunday, February 2, 2020.
“Having carefully reviewed the evidence before the court, the evidence tendered and position of the case law, the honourable court finds that the prosecution has provided circumstantial evidence beyond reasonable doubt, the unlawful acts of the accused which harmed the deceased and caused her death.”
“The Honourable court finds that it is clear from the evidence before it that the fatality arose from the violence (fight) that ensured 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 Oyindamola Ogala sentenced Akinlabi after finding him guilty of the offence of manslaughter.
During the trial which commenced on May 12, 2022, the prosecution’s first witness, identified as Inspector Jumai Adonduwa testified that the deceased had reported her husband, the defendant to the police for domestic violence before her death.
“The deceased on January 30, 2020, at about 23:40 hours made a report against her husband, the defendant at the station and had stated that on that particular day at about 10:00, her husband demanded N100 from her to buy 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 added.
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 then 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 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 court case .”PW1 disclosed.
PW1′ further disclosed that
“On February 2, 2020, at about 18:30 pm the brother to the deceased came to the police station to report that he was in Benin when he heard the sad news of his sister’s death, and learnt that his sister had come to the station to report the case, he told the police that the his sister had died as a result of the beating.
The deceased brother stated that the defendant refused to inform them on the death of their sister and that the defendant took the corpse to somewhere in Ogun to bury without the consent of her family.”
PW1 also confirmed that the children said that their mother was purging blood and was eventually rushed to the hospital when she slumped.
The defendant testified on March 18, 2024 as DW2. He testified that he was married to his wife for 21 years and in the course of the marriage, there was no violence at all, he confirmed that January 29, 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 January 29, 2020, his deceased wife did not have any disagreement with anyone that he knew of.
Delivering her judgement, 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 Febuary 3, 2020 would also be taken into consideration.
