An Akwa Ibom State High Court sitting in Uyo has sentenced a 23-year-old man, Menim Jolly Udoaya, to death over the murder of Ben Clement Ben, his kinsman.
Udoaya had killed Ben after a misunderstanding between his uncle, Friday Ekereke Udoaya, and their village’s secretary during a village council meeting in Use Ikot Amama, Ibiono Ibom LGA.
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Udoaya was found guilty of killing Ben with a matchet at Ikot Amama Junction on January 4, 2018.
Delivering judgment in a charge between the state and Friday Ekereke Udoaya, Kini Jolly Udoaya, Menim Jolly Udoaya and Saviour Maurice Udom, Justice Nkanang found the third accused person, Menim Jolly Udoaya, guilty of killing Ben Clement.
Justice Nkanang held that, “Even though the prosecution has marshaled evidence to link the first accused person, Friday Ekereke Udoaya, the second accused, Kini Jolly Udoaya, and the fourth accused, Saviour Maurice Udom, to the murder, the absence of persuasive and reliable evidence of their direct participation in the act casts doubts on the claim of the prosecution on their complicity.
“One clear consensus in the different narratives of what resulted in the death of the deceased appears to be that the actual person who wielded the matchet on the deceased was a certain Ini Friday Udoaya who is not among those that have so far been brought to trial.
“The other person that enjoys the notoriety of actively participating in the assault that resulted in the death appears to be Menim Jolly Udoaya, the third accused person.
“Aside from the testimonies of the prosecution witnesses, which appear to incriminate all the accused persons and others, almost every witness to the incident stated that the deceased was matcheted by one Ini Friday Udoaya who is not being charged to court.
“The third accused person, Menim Jolly Udoaya, who is said to have used a piece of wood on the deceased, is also linked as a participant in the unholy display of youthful exuberance that cut short the life of the deceased.
“No complicity whatsoever on the part of the fourth accused, Saviour Maurice Udom, in any of the counts.”
The four accused persons were standing trial on a seven-count of conspiracy to commit felony, malicious damage to property, stealing, grievous harm, conspiracy to murder and murder.
In count one, conspiracy to commit a felony, Justice Nkanang sentenced Memim Jolly Udoaya and his brothers, Friday Ekereke Udoaya and Kini Jolly Udoaya, to two years in prison each, while in count two, malicious damage to property, he sentenced them to two years in prison each.
In count four, grievous harm, Justice Nkanang sentenced the three to seven years in prison each, while in conspiracy to murder, the court sentenced Menim Jolly Udoaya to seven years in prison, and on count six, conspiracy to murder, he was given 14 years imprisonment.
The court further ruled that Menim Jolly Udoaya was to die by hanging or by lethal injection.
