An Ikeja High Court in Lagos State has discharged and acquitted Ikechukwu Ogbonna, popularly known as IVD, of all criminal charges related to the death of his wife, Bimbo Ogbonna, after ruling that the prosecution failed to prove its case beyond a reasonable doubt.
Justice Modupe Nico-Clay, who delivered the judgment on Monday, dismissed the three-count charge against him, which included involuntary manslaughter, causing death by threats and intimidation, and domestic violence.
The judge observed that the evidence presented by the prosecution was largely hearsay and lacked credible support.
PUNCH Metro gathered that Ikechukwu Ogbonna was arraigned by the Lagos State Government following an incident on October 12, 2022, at the couple’s residence, where Bimbo Ogbonna sustained severe burns and later died from complications arising from the incident.
The prosecution, led by Mrs T. Olanrewaju-Daud, alleged that Ogbonna pushed his wife into a fire during a domestic dispute and failed to rescue her. She further told the court that the defendant subjected his late wife to prolonged abuse and intimidation, which cumulatively led to her death.
According to the prosecutor, the offences contravened Sections 224, 217, and 19(1) of the Criminal Laws of Lagos State, 2015.
However, Ogbonna pleaded not guilty to all the charges against him.
During the trial, the prosecution called nine witnesses and tendered 13 exhibits, including video recordings, police reports and medical documents.
One of the key witnesses, Peace Bob Manuel (PW1), who was in the house at the time of the incident, testified that the deceased asked her to hide and that the defendant was outside the compound.
PW1 said she later saw people pouring raw eggs on the deceased and that the defendant, who was standing at the same spot, complained that his hands were burnt.
However, under cross-examination, PW1 admitted that she did not witness how the fire started or how it was extinguished.
She also confirmed that the defendant took the deceased to the hospital for treatment.
The deceased’s mother, PW2, told the court that her daughter had complained of persistent maltreatment in her marriage and had reported the defendant to the police on previous occasions.
She alleged that the deceased believed her “destiny was tied to the marriage” and that she did an oath and carried sacrifices.”
The court also held that similarly, the deceased’s sister, Folashade Samuel (PW3), testified that the marriage was riddled with domestic violence and that the family had reported the matter to domestic violence agencies.
She, however, admitted under cross-examination that she was not present on the day of the incident and could not authenticate the video clips tendered in evidence.
A police officer from the State Criminal Investigation Department, Babatunde Olawale (PW5), testified that the case was initially treated as a murder investigation.
Under cross-examination, he admitted that there was no record of a domestic violence complaint against the defendant at the Ajah Police Station.
The defence called four witnesses, including the only eyewitness to the incident, Odiche Loveth Obiejekwe (DW4), a former house help.
She told the court that an argument broke out between the couple over payment of school fees and that the deceased threatened the defendant with a knife.
According to her, the deceased later poured fuel on household items and eventually doused herself with fuel and set herself on fire after the defendant drove out of the compound.
She further testified that both she and the defendant attempted to rescue the deceased and extinguish the fire before rushing her to the hospital.
Justice Nico-Clay noted that this account was consistent with a police interim report tendered in evidence, which stated that the deceased poured fuel on herself before catching fire.
While dismissing the manslaughter charge, the judge held that there was no evidence that the defendant pushed the deceased into the fire or stood by while she burnt.
“The prosecution failed to establish any unlawful or dangerous act by the defendant that caused the death of the deceased,” she ruled.
On the charge of causing death by threats and intimidation, the court held that the prosecution failed to prove any direct threat or intimidation that led to the deceased’s actions.
The judge also observed that there was nothing linking the defendant to the cause of death.
On the domestic violence charge, Justice Nico-Clay held that none of the prosecution’s witnesses gave eyewitness evidence of physical abuse.
She further rejected the video exhibits tendered by the prosecution, citing inconsistencies in their data and the absence of a certificate of compliance as required under the Evidence Act.
The court relied on medical evidence from Evercare Hospital, presented by Dr Ayoola Shonibare (PW7), which indicated that the deceased had mental health challenges and traces of psychoactive substances in her system.
The judge held that the medical reports contradicted parts of the prosecution’s oral testimony.
A forensic expert also testified that some of the video clips relied upon by the prosecution had been modified and could not be authenticated.
Justice Nico-Clay further held that the domestic violence charge, brought under the Violence Against Persons (Prohibition) Act, 2015, was incompetent, noting that the Act applies only to the Federal Capital Territory and not Lagos State.
Consequently, the judge discharged and acquitted Ikechukwu Ogbonna on all counts and ordered the immediate release of his international passport and other documents seized in connection with the case.
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