An Ikeja High Court on Monday, reserved the judgement of a man, Chukwuma Njoku, for alleged murder of his brother, until Jan. 15, 2024.
Justice Oyindamola Ogala made the remarks after all the written addresses by the state prosecution and defence counsel were adopted.
Meanwhile, the Defence Counsel, Mr Kudus Mumuni, stated that there was no intention of sending a reply to the Lagos State Prosecution written address dated Nov. 8.
Mumuni had prayed the court to discharge and acquit Njoku on the grounds that the prosecution had failed to prove a death, cause of death and a death caused by an action of the defendant.
He said that there was no evidence of death or a picture to prove same before the court.
He recalled that the Supreme Court had said that a death certificate and/or eye witness account to establish the fact but was not proven before the court.
Mumuni stated that only one witness, the Investigating Police Officer (IPO), who was not originally the IPO had given accounts, which he considered as hearsay.
“The only evidence the prosecution is struggling to rely on is the confessional statement of the defendant, which he had retracted,” he said.
He added that the confessions did not corroborate any of the evidences by the prosecution before the court.
Mumuni said there were distinct difference in the identities of the accused (Chukwuma Abel Njoku) and another (Uchenna Njoku), submitting a possible misrepresentation.
The Lagos State Prosecutor, Mr Ola Azeez, however adopted the written address dated Nov. 8.
It was reported that Njoku is facing a count charge bothering on murder.
The alleged offences contravene the provision of Section 223 of the Criminal Law of Lagos State, 2015.