Delta CJ acquits man over Murder Charge

Delta State Chief Judge Justice Marshal Umukoro has discharged Mr. Ferdinand Nwachukwu of murder charge after the victim’s father decided to discontinue with the case.     

Justice Umukoro discharged the accused person standing trial for over three years on the ground that the deceased father, Alloy Amuka, testified on oath that he had forgiven the accused person, and was not interested in the matter.   

Mr. Nwachukwu, 31, pleaded not guilty to the murder charge.

He was arraigned on suit no. A/46c/2015 on allegation of stabbing Tochukwu Stanley to death over five hundred Naira.     

The second prosecution witness testified that Alloy Amuka on December 3, 2015, at about 3 p.m was called on phone that his son fought with someone, and he was being taken to the hospital.

He further testified that he was advised to wait for the vehicle bringing the son. When the vehicle arrived, he saw the son lying in it, but was told that the son was already dead. The son was thereafter taken to the Federal Medical Centre where he was certified dead.   

State counsel, Mrs. T.P.I Uriah submitted that though the complainant has declared intention to drop the case, but section 211 of the constitution of the Federal Republic of Nigeria 1999, as amended, it was only the Attorney General who has the power to discontinue a criminal case.

She argued that the Administration of Criminal Justice Act does not give liberty to criminals to go free.     

But defence counsel, Mr. Kenneth Oseji urged the court to discharge and acquit the accused person since it would be impracticable for the State to prosecute the case successfully in view of the nominal complainant’s decision to drop the case against the accused, having forgiven him.

He stressed that the Administration of Criminal Justice Act 2016, enjoined counsel and the court to encourage settlement of criminal matter whether or not it is a felony.     

Justice Umukoro held that having considered the submission of both counsels, the court should respect the stance of the deceased father, adding that he was reluctantly discharging the accused, not on merit, because the court was confronted with right of the state to protect its citizens, and the right of a father who has forgiven the accused person who snuffed out life from his son.   

Umukoro ordered that the accused person enter into recognizance of good behaviour for five years in the sum of N500, 000.00 with two sureties in the like sum, one of whom shall be the father after attaching a passport photograph, and a verified residential address.     

The court further held that breach of the recognizance shall attract a term of three years imprisonment without an option of fine.    

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