A Lagos High Court sitting in Ikeja has sentenced a 32-year-old carpenter, Onyekachi Agu to seven years imprisonment with hard labour for pouring acid on his ex-girlfriend and his rival.
The corrosive substance, acid caused grievous bodily harm to his rival, Mansur Ahmed and his ex-girlfriend, Aishat Adefarati.
The trial Justice Oyindamola Ogala while delivering judgment, found him guilty of a one-count charge brought against him by the Lagos State government and sentenced Agu to seven years imprisonment with hard labour.
The judge held that the prosecution prove the case against the defendant beyond reasonable doubt.
The state had alleged the defendant committed the offence on July 3, 2020, at Gangare Hotel, Mile 12, Lagos. The defendant traced the two complainants to a hotel and poured the acid on them.
His offence contravened the provisions of section 245 of the Criminal Law of Lagos State, 2015
However, the judge held that the case of the prosecution is premised on circumstantial evidence. When the victims said they did not see his face when he poured the corrosive substance as they were sleeping when he pour it through the window of the hotel.
“Pouring corrosive substance on the victims was never contradicted by the defendant. The action of the defendant was considered intentional. The victim showed to the court, the level of the effect of the corrosive substance damaged his body, face, eye, neck, and even the money in his pocket.
“The PW2 (Adefarati) testimony before the court was how she had been harassed and assaulted by the defendant which later led to their separate ways after three years of their relationship. She said has been trying to avoid him.”
The court further held that the prosecution claimed that the scar on the left arm of the defendant was sustained during the attack.
During the trial, the prosecution called four witnesses includes; Ahmed, Adefarati, Police inspector and the Investigation Police Officer (IPO) the PW4, who told the court how the defendant was arrested and his statement was obtained.
During cross-examination PW1 and PW2 confirmed that they did not see the person that poured the acid, but suspected the defendant because he has been attacking and harassing them.
Justice Ogala said that the law is trite on the circumstantial evidence as well as the confessional statement of the suspect. The defendant in his defence told the court that his girlfriend had got pregnant for him and aborted it.
The court held that the retraction of the defendant’s confession statement was meant to deceive the court, having pleaded guilty at his arraignment before a lower court.
The defendant did not present any evidence of alibi in testimony. He could not give the court the date and the day he claimed he was going to his brother’s house and his brother was not called to testify.
The court, therefore, found him guilty. The defendant’s lawyer from the Office of Public Defence (OPD), U.E Omolola pleaded with the court to consider that the defendant is a young man. She noted that he has learnt his lesson.
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