A Delta State High Court sitting in Kwale has sentenced a 24-year-old man, Ebinum Prosper, to death by hanging for the murder of his classmate, Ojieh Chibogu, in Ugiliama Community.
The conviction was handed down by Justice F. Enemor of High Court No. 2, Kwale, after the court found the defendant guilty of murder.
The prosecution, led by Mrs. Catherine O. Onoberhie-Oberuomo, an Assistant Director in the Delta State Ministry of Justice, told the court that the incident occurred on June 29, 2016, at Ugiliama Community in Kwale. The court heard that the defendant stabbed the deceased with a knife following a misunderstanding, leading to his death.
The matter, filed under Suit No. HCK/89C/2022, State vs. Ebinum Prosper, was initially handled in Asaba. However, during the 2020 EndSARS protests, court documents and exhibits already tendered in the case were destroyed in a fire incident while the matter was at the address stage.
Following the creation of the Kwale Criminal Division, the prosecution applied for the case to be transferred back to Kwale for a fresh trial (trial de novo), as it originated from the area. Certified true copies of processes in the original case file were obtained from the High Court Registry in Asaba to facilitate the reconstruction and transfer of the duplicate file to Kwale.
After the prosecution closed its case, the defence took over one year to open its defence.
In his judgment delivered on Monday, Justice Enemor held that the prosecution had proved its case beyond reasonable doubt. He consequently convicted the defendant for murder and sentenced him to death by hanging.