Apo 6: Set us free, defendants beg court

Ahead of the judgement of a High Court of the Federal Capital Territory sitting in Maitama, Abuja, on the killing of six Igbo traders in Abuja slated for March 9, 2017, a former Deputy Commissioner of Police (DCP),  Danjuma Ibrahim and six others have asked the court to discharge and acquit them of any wrongdoing in the incident.

The six traders killed include Ifeanyi Ozo, Chinedu Meniru, Isaac Ekene, Paul Ogbonna, Anthony Nwokike and Tina Arebun.

Specifically, the prosecution charged Ibrahim [1st defendant], along with Othman Abdulsalam [at large], Nicholas Zakaria, Ezekiel Acheneje, Emmanuel Baba and Sadiq Salami, 2nd to 6th defendants respectively for “agreeing to do or cause to be done an illegal act and therefore conspired amongst yourself to commit felony to wit, Culpable Homicide Punishable with death by agreeing to kill  the six Igbo traders.

In a written address filed on his behalf by his defence team led by Rickey Tarfa (SAN), including Anthony Agbonlahon, Olusegun Jolaawo and Regina Okotie – Eboh, the Police Chief submitted that the Prosecution failed to establish against him the allegation of “criminal conspiracy” to kill the said six Igbo traders.

“It is trite that to sustain a charge of offence of conspiracy, the prosecution must prove the elements of the offence that there was an agreement between two or more persons to execute an agreed act and that the agreed act is illegal”, the defence submitted.

According to the 1st Defendant’s written address, all the Prosecution witnesses gave evidence to the fact that 2nd to 6th defendants were not at the scene where four of the six deceased were shot and killed at the time of the incident.

“It is important to state that none of the prosecution witnesses led evidence that the 1st defendant agreed to do or caused to be done an illegal act by ‘agreeing’ to kill the deceased persons as stated in Count 1 on June 8, 2005, at Gimbiya Street, Garki, Abuja”, it further submitted.

According to the written address, “It is trite law laid down by the Supreme Court in the case of Ozaku V State [1990] 1NWLR [Pt. 124] P.94 at P.113 @ Para E – F, that a confessional statement of a co-accused is not evidence against an accused person unless the latter has adopted the statement either by words or conduct.”

In the written address filed by the Prosecution team led by Chief Chris Uche [SAN] and Chief Mamman Osuman [SAN], they submitted that “the prosecution led evidence to show that in the early hours of June 8, 2005, the 1st accused person at Gimbiya Street, Garki Abuja, shot and killed four of the victims, namely Ifeanyi Ozo, Chinedu Meniru, Isaac Ekene and Paul Ogbonna who were driving in a 406 Peugeot Saloon car. The said 1st accused person later procured the rest of the accused persons to take and execute the surviving two victims – Anthony Nwokike and Tina Arebun.”

The prosecution submitted that it also “tendered several exhibits, including the confessional statements made by the accused persons to the Police during investigation.”

Accordingly, it prayed the court to find all the accused persons guilty of the charge of criminal conspiracy to commit culpable homicide and bring upon them the full weight of the law.

Meanwhile, the trial Judge and Chief Judge of the Federal Capital Territory (FCT), Justice Ishaq Bello has fixed March 9, 2017 to deliver judgement in the matter.