Court Frees Suspects over Attempted Murder of Akunyili

A Federal Capital Territory (FCT) High Court, presided over by Justice I.U Bello has discharged and acquitted six accused persons over allegations of conspiracy, attempted murder and murder of the late Dr Dora Akunyili. The suspects are; Francis Okoye, Emmanuel Nnakwe, Marcel Nnakwe, Emeka Orjiakora, Christopher Mbah, and Olisaemeka Igbokwe. The suspects, who were before now eight in number are answering questions to a four-count charge which touches on conspiracy, attempted murder and murder made against them by the state. The four-count charge reads: “That you (1) Francis C. Okoye (a.k.a. Ebubedike; (2) Emmanuel Nnamdi Nnakwe (a.k.a. Aboy); (3) Marcel Nnakwe; (4) Emeka Orjiakor; (5) Christopher Okwara Mbah (a.k.a. Persus); (6) Olisaemeka Igbokwe (a.k.a. Holy War); (7) Chukwuka Ezeukwu (a.k.a. Let’s Go); (8) Jude Ugwu (a.k.a. Agada) on or between October, 2001 to December 2003 at different places in the Federal Capital Territory and Anambra. State agreed to do or cause to be done an illegal act to wit: cause the death of Dr (Mrs.) Dora Akunyili, Director-General, National Agency for Food and Drug Administration and Control (D.G, NAFDAC) and that the said act was attempted to be done in pursuant of an agreement and that you thereby committed an offence punishable under Section 97 of the Penal Code.   “That you (1) Francis C. Okoye (a.k.a. Ebubedike; (2) Emmanuel Nnamdi Nnakwe (a.k.a. Aboy); (3) Marcel Nnakwe; (4) Emeka Orjiakor; (5) Christopher Okwara Mbah (a.k.a. Persus); (6) Olisaemeka Igbokwe (a.k.a. Holy War); (7) Chukwuka Ezeukwu (a.k.a. Let’s Go); (8) Jude Ugwu (a.k.a. Agada) on a day in the month of October, 2001 at about 7.00pm at the D.G. NAFDAC’s residence on Freetown Crescent, Wuse II, Abuja, did act to wit; caused unknown gunmen to invade the residence of Dr (Mrs.) Dora Akunyili, Director General, National Agency for Food and Drug Administration and Control (D.G NAFDAC) and forcibly entered the rooms in the house in search of the said Dr Dora Akunyili for the purpose of firing gun shots at her with such intention and or knowledge and under such circumstances that if by that act you have been guilty of culpable homicide punishable with death and that you thereby committed an offence punishable under Section 229 of the penal code.   “That you (1) Francis C. Okoye (a.k.a. Ebubedike; (2) Emmanuel Nnamdi Nnakwe (a.k.a. Aboy); (3) Marcel Nnakwe; (4) Emeka Orjiakor; (5) Christopher Okwara Mbah (a.k.a. Persus); (6) Olisaemeka Igbokwe (a.k.a. Holy War); (7) Chukwuka Ezeukwu (a.k.a. Let’s Go); (8) Jude Ugwu (a.k.a. Agada) on the 26th day of December, 2003 at Agulu in Anambra State did an act to wit; caused gun shots to be fired at Dr. (Mrs.) Dora Akunyili, Director General, National Agency for Food. and Drug Administration and Control (D.G NAFDAC), while driving inside her Peugeot 406 Saloon official car with such intention or knowledge and under such circumstances that if by that act you had caused the death of Dr. (Mrs.) Dora Akunyili, D.G NAFDAC, you would have been guilty of culpable homicide punishable with death and that you thereby committed an offence punishable under Section 229 of the Penal Code.   “That you (1) Francis C. Okoye (a.k.a. Ebubedike; (2) Emmanuel Nnamdi Nnakwe (a.k.a. Aboy); (3) Marcel Nnakwe; (4) Emeka Orjiakor; (5) Christopher Okwara Mbah (a.k.a. Persus); (6) Olisaemeka Igbokwe (a.k.a. Holy War); (7) Chukwuka Ezeukwu (a.k.a. Let’s Go); (8) Jude Ugwu (a.k.a. Agada) on the 26th day of December, 2003 at Agulu in Anambra State did commit culpable homicide punishable with death in that you caused the death of one Emeka Onuekutu by doing an act to wit; caused several gunshots to be fired at Dr. (Mrs.) Dora Akunyili, D.G NAFDAC while she was driving inside her Peugeot 406 Saloon official car which gunshot missed their target but instead hit the deceased inside his Mitsubishi L300 Minibus with Reg. No. AE763AJL with the intention of causing the death of, and or with the knowledge that the death of the said Emeka Onuekutu would be the probable consequence of your act and thereby committed an offence punishable under Section 221 of the Penal Code.” The accused persons had earlier filed a no-case submission before the court. Specifically, the 2nd and 3rd accused persons queried the jurisdiction of the court to entertain counts 3 and 4 of the charge. Both the Court of Appeal and Supreme Court upheld the submission. Unfortunately, the 7th accused person passed on in 2005 while the 8th accused person was discharged by the Supreme Court. Justice Bello in his judgment dated October 20, 2015 in suit no: FCT/HC/CR/128/2004 held that, “On the charge of conspiracy for instance, the prosecution could not have been successful in the face of exhibit 18(n), a manifest from MTN tendered before the court by the prosecution itself and indeed exhibit 20 equally a similar manifest tendered by the defence, both intended to establish any possible transaction or controvert any such transaction as stated by PW3 between him and 2nd accused through phone conversation.   “It turned not to be falsehood, this rendering the PW3 as unreliable witness and he is so branded. And with that position, the prosecution has failed to discharge onus of proving the offence of conspiracy as charged. Accordingly, the accused persons are discharged and acquitted on that count.” The judge further insisted that the prosecution was not able to pin the accused persons with the degree of certainty at the scene of the crime and obviously the commission of the crime at the scene. Justice Bello maintained that; “Consequently, failure to investigate the alibi as raised by the accused persons and in particular 2nd accused, who had tendered exhibits D1-D7 representing his travel documents is fatal to the case of the prosecution. “In this regard, there is no option to holding the view that 2nd accused was indeed elsewhere representing the meaning of alibi as raised and is successfully so. I therefore agree with the defence that the case of the prosecution is wholly based on suspicion and the charge on attempted murder cannot stand, and although, the prosecution was able to establish that there was in fact death of a human person being part of the ingredient of the substantive charge under Section 221 of the Penal Code, there is nothing in form of evidence directly or circumstantially showing that it is the accused persons that caused the death of that person, one Emeka Onuekutu while driving his Mitsubishi L3000 minibus with Reg. No. AE 763 AJL.   “In fact, by the evidence before this court per exhibit 53 representing Ballistician report stated clearly that it was the AK 47 in the possession of the Sergeant, Haruna Adamu, one of the policemen in the convoy of Dora Akunyili that was shot, indeed, the expired shell recovered from the scene corresponds with the AK 47 of the said Sergeant Haruna Adamu who gave evidence as PW 18 for the prosecution. “I believe the entire evidence upon which the prosecution relies upon to prove the charge against the accused persons have fallen short of the standard of circumstantial evidence envisaged in the case of Jegede (supra) as invoked by the prosecution. “It is therefore my considered judgment that the prosecution has failed to discharge the burden of proving beyond reasonable doubt, the allegations of crime as charged. “Consequently, each and every one of the accused persons is hereby discharged and acquitted.” Shortly after the judgement, counsel to the 2nd and 3rd accused persons, Clement Onwuenwunor who expressed happiness over the decision thanked the judge for what he termed a well considered judgement.