The Supreme Court has okayed death by hanging for convicted
General-Overseer of the Christian Praying Assembly, CPA, Chukwuemeka
Ezeugo, a.k.a Rev. King.
In a unanimous judgment Friday afternoon, a seven-man panel of Justices
ýof the apex court led by Justice Walter Onnoghen, upheld the death
sentence that was earlier handed to Ezeugo by the Lagos State High Court.
Consequently, the court in its lead verdict that was delivered by Justice
Sylvester Ngwuta, dismissed the appeal the convicted clergy lodged before
it.
Justice Ngwuta who noted that “the ýfacts of the case could have been
lifted from horror film,” resolved all the 12 issues Ezeugo raised in his
appeal.”
“This appeal has no merit. The judgement of the court of appeal is hereby
affirmed. The prison sentence that was earlier handed to the appellant is
no longer relevant in view of the death sentence passed on him,” Justice
Ngwuta held.
It will be recalled that Ezeugo was convicted and sentenced to death by
hanging on January 11, 2007, for the alleged murder of his church member,
Ann Uzoh. He was arraigned on September 26, 2006 on a six-count charge of
attempted murder and murder. The charge against him was at the instance of
the Lagos State Directorate of Public Prosecutions.
During the trial, the prosecution had argued that the convict poured
petrol on the diseased, Uzor and five others. Uzoh died on August 2, 2006,
exactly 11 days after the incident. In her judgment, trial Justice Joseph
Oyewole who is now a Justice of the Court of Appeal at Calabar, said there
was sufficient evidence linking the accused person to the commission of
the crime.
Consequently, Justice Oyewole convicted and sentenced Ezeugo to 20 years
imprisonment for the attempted murder and death by hanging for the offence
of murder. Dissatisfied with the judgment, Ezeugo took the case before the
Lagos Division of the Court of Appeal. The condemned clergy, in his notice
of appeal dated January 16, 2007, prayed the appellate court to set aside
the judgment. Aside 16 grounds of appeal he raised through his lawyer, Mr.
Olalekan Ojo, he was subsequently granted leave to argue additional 16
grounds based an amended notice of appeal he filed on June 15, 2008.
Ojo argued that his client did not commit the crime and was not at the
scene of the incident. He insisted that the deceased, Uzoh, had in two
statements she made after the incident and before her death, stated that
she got burnt in a generator accident and that the cleric was not
responsible for her injuries. Ojo said the Investigating Police Officer,
IPO, had tendered statements which stated that Ezeugo was not responsible
for the burns that led to Uzoh’s death. He alleged that the trial Judge
refused to admit in evidence, the statements he said exonerated Ezeugo of
the crime.
The lawyer further contended had those “vital exhibits” been admitted
rather than expunged by the trial judge, they would have operated to cast
serious doubt on the case of the prosecution. He maintained that Justice
Oyewole’s refusal to admit the exhibits in evidence “occasioned a great
miscarriage of justice” against his client.
Meanwhile, after due consideration of the case, a three-man panel of
justices of the appellate court, in a lead judgment that was delivered by
Justice Fatimo Akinbami, dismissed Ezeugo’s appeal and upheld the high
court verdict. The other members of the appellate court panel that equally
concurred with the lower court’s verdict were Justices Amina Augie and
Ibrahim Saulawa. Determined to save his life, Rev Ezeugo lodged an appeal
before the Supreme Court. His appeal was challenged by the Lagos state
government which through its Attorney General, Mr. Adeniji Kazeem and
Director of Public Prosecutions, Mrs. Idowu Alakija, urged the apex court
to dismiss it and uphold the concurrent verdicts of the two lower courts.