Update On The Murder Of Engr. Ubanna Iroegbu: No Case Submission Hits Brickwall

By Okey Anyanwu…

At the Owerri High Court on Thursday 6th of June 2024, truth met with the rules of law and justice was affirmed. This was at the continued hearing on the murder of Late Engr. Ubanna Henry Iroegbu from Omadibia village, Umuoma town in Onicha of Ezinihitte Mbaise Local Government Area, Imo state.

On this continued trial day of the murder suspect, the Presiding Judge wisely, with excellent knowledge of the law and high level of moral uprightness presented a justified ruling on the No-Case-Submission and bail application by the Defense Counsel.

The Judge after chronical recounting of the case proceedings, reconciled all the evidences presented before the court during prosecution with facts in Law, to meet the truths of the matter. His ruling found the applications by the Defense Counsel as lacking in merit, of no effect and ruled against all.

It would be recalled from previous reports and updates that this high profile murder case which has recorded over twenty-four months in-progress is about Late Engr. Ubanna Iroegbu who on the 28th day of December 2021, met his unjustified, tragic and premature death at the home of Chief Michael Ugorji Aguwa from Mbaraikoro village, Umuelegwa town in the same Onicha of Ezinihitte Mbaise Local Government Area. From a Lower court, where Chief Michael commenced facing trial as the murder suspect, the matter was in the month of May 2022 transferred to a High Court for proper adjudication.

This was following glaring evidences from eye witnesses accounts, police investigation and medical reports pointing accusing fingers against the suspect (Chief Michael Ugorji Aguwa), connecting him with the death by gunshot of the 38years old graduate of Agricultural Engineering.

At the closure of prosecution, the suspect and his lawyers on Friday 15th of March 2024, rather than commence defense on this murder charge as expected, presented and adopted a ‘No-Case-Submission’ address, with further application for bail. The Defense Counsel insisted that the presiding Judge should discard and consider all accusations, witnesses and evidences leveled against the suspect as mere speculations.

However, with a stronger counter address by the Prosecution Counsel, stating his burden of proof with given evidences and supporting all with legal references, the presiding judge called for adjournment to enable him study the respective submissions and present a ruling on the applications.
This trial resumption date was on the 6th day of June 2024. When the Presiding Judge called up the case, he took time to chronically recount that the matter started from a lower court where it was established as criminal offence. By law, a Most Serious Crime such as murder that is indictable, requires trial by a judge or jury, hence it was transferred to him in May 2022.

According to the trial Judge, the matter has been proven before his court as a murder case, which is one of the two criminal acts that comprise homicide. This therefore demands from the Prosecutor and witnesses to reasonable and beyond doubt, convince the court that the suspect in this matter being Michael Ugorji Aguwa, unlawfully killed Late Ubanna Henry Iroegbu. The Judge went further to affirm that the Prosecuting Counsel has through his submissions, witnesses and documented evidences been able to present his Burden of Proof to convince the court that Late Ubanna Henry Iroegbu (the deceased) from Umuoma in Onicha Nweorie of Ezinihitte Mbaise was murdered in the compound of Mr. Michael Ugorji Aguwa (the suspect), who is from Umueleagwa in Onicha Nweke of same Ezinihitte Mbaise.

That this death as reported by medical experts was as a result of gunshot through the scapula. That eyewitness accounts tendered before the court all pointed at the suspect, especially from PW1 who confirmed that the accused and no other was the person in possession of a gun at the time and place of the murder.

Drawing inference from the above, the Judge cited so many laws and court references to declare as null and void, the No-Case-Submission by the Defense Counsel.

According to the Judge and in agreement with the Prosecuting Counsel’s counter address, a No-Case-Submission can only be admissible; Where there are no clear evidence connecting the accused person with the offence committed.

There is undisputable discrepancy between or among accounts by witnesses.

There is obvious discredit of evidences, making it difficult for a reasonable court to indict the suspect as charged.

Unfortunately, about six witnesses gave their eyewitness accounts in this court and all linked the accused to the murder without contradictions and no discredit of evidences was observed during the prosecution proceedings.

The Judge equally affirmed that the bail application by the Defense Counsel is totally denied because the matter before the court has been established as a murder case, which is not a bail-able offence, especially with conspicuous evidences.

In his conclusion, the Judge ruled that the suspect in this murder case, being Mr. Michael Ugorji Aguwa although still innocent until finally convicted is answerable to the honourable court on his involvement in the murder of Late Ubanna Henry Iroegbu.

First, the suspect was found unlawfully in possession of a gun. Second, the deceased killed by gunshot and body recovered from the suspect’s compound. Thirdly, the suspect was the only person recorded as being in possession of a gun at the point of the crime and fourthly, witnesses before the court on this matter, all pointed accusing fingers in the direction of the suspect, this with particularly reference to PWI in this murder case, who is a kindred brother personal guest to the suspect.

The Judge therefore ruled that the suspect must defend the murder accusation and the bail application is denied.

The Defense Counsels without further objection, accepted the ruling of the Honourable Judge and assured the court that they have no choice, but to prepare and present their defense at the next adjourned date.

The Prosecuting Counsel, who was evidently seen radiating happiness and confidence, expressed high satisfaction with Judge’s ruling and affirmed that he expected nothing less than what was witnessed in the court.

According to the Prosecutor, who is renowned as a high profiled Defense Counsel; ‘I am very pleased with the Honourable Judge, he is an experienced adjudicator in the Bench, who has by the great justified ruling, exhibited high level of efficiency in defense of justice.

Honestly, from the first day I stepped into his court, I adjudged him very intelligent, upright and marked him a promoter of justice, especially when at a very early stage of this case, he refused to grant a dishonest and desperate bail application by the Defense Counsel.

As a lawyer with years of experience in criminal justice, “I can tell an intelligent Judge from his presentations and moderations. This particular Judge handling my case has never given me any reason to doubt his moral uprightness, academic intelligence and ability to deliver sound judgement”.

“Surely there are good judges like him, but they are in the minority and that is why I keep wishing and praying that Nigerian judiciary could undergo critical transformations that would present all Judges or greater proportion of the becoming guaranteed stakes for balancing facts in law with viable evidences and truth to offer only sound and justified judgements”.

“This will go a long way to restore security of lives and properties in the society with prevention of human rights abuse”.

Interactions with the bereaved family being represented by Mr. Bernard Iroegbu and Mr. Edmund Aguwa among others, expressed fulfillment with the day’s ruling by Judge. According to Mr. Bernard Iroegbu, who is the father of the deceased, ‘since this matter started I have been living in fear that with what I know about Nigeria and criminal justice, Chief Michael could make good his open threat before the murder that with his money and connections, he will kill, bury and close the case. It was out of this fear that when this issue of No-Case-Submission came up, I died inside me concluding that this is the point when Michael would use his money, power and connection to escape justice.

I cried and wondered how an ordinary citizen could possess a gun, which he parades publicly and would always threaten to kill under small provocation, yet he would not have a case to answer the court. This same man earlier made threats to kill which he eventually did and without any atom of remorse, locked up my son’s bleeding body inside his compound after shooting him.

He equally scared away with gun shots, sympathizers who rushed to rescue my son when his life would have been saved with medical treatment.

All these were just his devilish heart desire to ensure that the young boy died. Yet such a heartless fellow comes to court to claim that he has no case to submit. It is most disheartening, to note that Michael did not commit this crime secretly, rather audaciously in broad daylight and before many eye witnesses, yet would not have a case to answer the court of law.

I wept daily and must testify that in the last three months, I have never ceased from praying to God, day and night to grant justice to the innocent soul of my son Ubanna.

Today, God has proved Himself a faithful God of Justice and made this Judge like Prophet Daniel in the Holy Bible. With this alone, I can go home and start glorifying God because the Judge has today given me assurance that before him, justice must have victory over criminality.

May God bless this judge for restoring our confidence in the Nigerian judiciary. I am now sure that Michael will stand before the court and I would hear him state what Ubanna my graduate whom I am expecting to take care of me and build the family, did to warrant his premature and gruesome death. I need to know my son’s offence that caused Michael Ugorji Aguwa to kill him. I also need to listen and watch how the court of law will set Michael free after killing my innocent 38years old son.
My own aged mother and Ubanna’s grandmother has become a vegetable since that evil day Ubanna was killed. All she does every day has been to pray to die and join her grandson. Yet Michael and his lawyers think they will escape God’s judgment. No! I trust my God He will never allow Michael Ugorji to escape His judgement for wickedly killing my son.

In his reaction to the ruling, the renowed Social Activist Amb Okey J-T Anyanwu of Grooming Leadership Network (Glean), who has been facilitating this case to ensure that justice is secured, was full of fulfillment. He openingly expressed his unalloyed gratitude to God whose grace has been ever sufficient, for making the ruling possible. Amb Anyanwu sincerely applauded the Judge’s ruling.

According to Amb Okey Anyanwu, ‘I was never afraid, rather had great confidence that with obvious established evidences, there is no possibility except through corruption, to get a contrary ruling to what the Judge has offered. Sincerely, from the very day this Judge denied the earlier desperate efforts by Michael Ugorji and his team of lawyer to secure his bail and facilitate his evasion of justice, I developed very high confidence in this Honourable Justice. That singular denial of the bail application motivated me to write an open media commendation article congratulating the Chief Judge of Imo state for offering an efficient administrative leadership, which has transformed the state judiciary system to offer rays of hope to the common and oppressed masses.

I must at this point, sincerely reemphasize my personal confidence in the very Judge handling this matter, as being one of the best in the state. He has so far displayed positive psychological disposition, efficient judgement skills and excellent knowledge of the law.

These affirmations have been confirmed today, with the Judge justifying that confidence. He has equally proven himself a promoter of justice over crime to ensure a secured and sane society. I can go home now and sleep on this matter, knowing and waiting for the final judgement day with confidence that crime and criminality can never celebrate victory over justice and innocence, the Social Activist affirmed