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Culpable Homicide: Charles Eni Umukoro Discharged and Acquitted

A former Vice Chairman and Supervisor for Works in the Sapele Local Government Area of Delta State, Charles Eni Umukoro, has been discharged and acquitted of a charge of culpable homicide against him by the Inspector-General of Police. The police had filed a charge of Culpable Homicide against the  former Vice chairman on the 9th of May, 2017 at an FCT High Court over an allegation of  killing his wife, Mrs. Louisa Eni-Umukoro, a Director with the Securities and Exchange Commission,SEC. This was due to a petition written to police by Engr. Nosa Upkonmwan, a pastor with the Redeemed Christian Church of God, RCCG, and brother to the deceased, Mrs Louisa Eni-Umukoro, wife of defendant, alleging that his sister died of sudden and unnatural cause, which was after the burial of the deceased.

Delivering judgement on December 6th, 2022, the presiding Judge, Justice MaryAnn E. Anenih said the prosecution led by J. S. Okutepa, learned Senior Advocate, failed to proved beyond reasonable doubt the charge against Mr. Umukoro, having had more than two cause of death in their medical evidence, (Exhibit K) which are (1) Subdural Haemorrhage and (2) Uterine Fibroid.

In his written address before court, the defence team led by Sir Peter Aihiokhai, the leaned counsel drew the attention of court to a submission to the court by the Investigating police officer, Inspector Musa Ibrahim, of exhibit L, a police team investigation report, from FCIID, Abuja, that exonerated the defendant from the alleged offence, the police report concluded that the defendant is not linked to the death of his wife, Mr Louisa Eni- Umukoro.

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Sir Aihiokhai stated further that in all of the witnesses that testify none of them was an eye witness to an act to which the defendant was alleged to have done to cause Sub-dural haemorrhage that killed his deceased wife, Mrs Louisa Eni-Umukoro. All the witnesses came to court to do was to relay hearsay, adding that in the autopsy report, the deceased was said to be a middle age woman who was hospitalized for severe generalized headache associated with malaria and high blood pressure and that the deceased, wife of the defendant, was said to had fell while rising out of bed, adding that  the deceased had goitre of 80g putting more pressure on her neck and blood veins together with a ruptured kidney. Earlier, the defence counsel had reminded court that the  defendant had told court in his evidence in chief that his deceased wife had underlying health issues which the autopsy also stated.

The defence counsel had stated further that in the testimony of the seasoned pathologist, Mr.Jubrin Yakubu, of the National Hospital, Abuja, told court that subdural haemorrhage can be cause by violent attack, accident, a fall, etc.

Mr. Aihiokhai reminded court that the pathologist in his evidence on oath said he can not say whether the deceased died of natural cause or not, and that it is the jurisdiction of a corona to decide, but the prosecution failed to produce the corona report as an evidence before court.

The defence counsel urge court to discharge and acquit the accused person of the one count charge of culpable homicide for want of proof.

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In his ruling, the Judge said, this court has earlier found that the prosecution has failed to prove the actual cause of the deceased’s  death to internal haemorrhage as allegedly caused by the defendant in the charge against him. Having given more than one possible cause of death vide their medical evidence  (Exhibit K), the doubt raised as to the actual cause of the deceased death must be resolved in favour of the defendant, the court hold.

In continuation the Judge held that where the prosecution fails to adduce evidence sufficient to establish the guilt of the defendant, then the court would under such circumstances have no option than to absolve him of guilt.  The intention of courts in such situations is not to allow criminals to go unpunished but rather to ensure as much as possible that the innocent is not convicted. This is in line with the time honoured principle that it is better that ten guilty persons escape Justice than for one innocent man to be punished for an offence he did not commit.

Consequently, Justice Anenih of FCT High Court 3, held that in line with the provision of section 309 of the Administration of Criminal Justice Act  (2015), this court therefore finds the defendant not “guilty” of the offence of Culpable Homicide punishable with death for which he has been charged under Section 221 of the penal code and he is hereby accordingly “discharged and acquitted”

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