30-year-old to die by hanging

An Asaba High Court has sentenced 30-year-old Fidelis Edozien to death by hanging, for killing Mrs. Evelyn Chima.

The convict, who pleaded not guilty to the three-count charge, was sentenced by the Chief Judge, Justice Marshal Umukoro, for conspiracy to kidnap, kidnapping and murder, contrary to sections 516, 364 and 319 (1) Criminal Code Cap. 48 Vol. 11 Laws of defunct Bendel State as applicable in Delta State.   

 According to the prosecution witness, on September 24, 2008, the accused, with three others at large conspired and kidnapped Mrs. Chima aka Madam Do Good, at Ogbade in Illah where she had gone to excavate stones.

The first prosecution witness and daughter of the victim testified she received a phone call the following day that the mother had been kidnapped. She later received another call with her mother’s line and the kidnappers demanded $1.5 million, which was later reduced to N600,000, and finally to N100,000.

She said the day she was scheduled to speak with the mother, the kidnappers presented a woman, whose voice was strange. Knowing that she had caught them in their trick, they switched off the phone.

The kidnapper, who was one of the victim’s workers, was traced and arrested in Illah through the line he used to receive calls and recharge cards.

The court was further told that the accused took the police to the spot where the victim was buried in a shallow grave.

Dismissing the submission of the defence counsel on whether the court could convict an accused on the basis of confessional statement alone, Justice Umukoro, citing copious statutory and judicial authorities, held:

 “The evidence corroborating an accused person’s confession is only desirable as a matter of evidence so as to eliminate any possibility of miscarriage of justice, but such corroborative evidence is not imperative as a matter of law, and the court can convict an accused person on his confession, provided the confession is positive, direct and unequivocal and the court is sure of it.”