Husband murder: Court refuses to reject wife’s alleged confession

An Igbosere High Court in Lagos on Thursday dismissed an
application asking it to reject the alleged confession of a lawyer,
Udeme Otike-Odibi, accused of killing her lawyer husband,
Symphorosa, last May 3.

Justice Adedayo Akintoye ruled that Otike-Odibi’s prayer, made
through her lawyer, Oluseye Banjoko, did not satisfy the
requirements of the law.

The judge ordered a trial on May 23, to determine whether the
confessional statement allegedly obtained from her by the police on
May 4, 2018, should be admitted as having been made by her.

According to Banjoko, the statements were invalid, having been
made without her lawyer being present and without being videoed, as
required by law, among other reasons.

He relied on Section 93 of the Administration of Criminal
Justice Law (ACJL) of Lagos State, 2015 and Section 35(2) of the
1999 Constitution (As amended).

But dismissing Otike-Odibi’s application, Justice Akintoye held:
“This court does not find that the said confessional statement was
obtained contrary to the provisions of Section 93 of the
Administration of Criminal Justice Law (ACJL).”

The court also considered Section 35(2) of the 1999 Constitution
(As amended), which provides that a person accused or detained has
a right to remain silent or avoid answering any question until such
person has consulted a legal practitioner.

Justice Akintoye held: “The defence counsel has not been able to
establish that the defendant was not given the option to remain
silent or to avoid answering any question until after consultation
with a legal practitioner or any other person of her choice. This
has not been proved to be so. He who asserts must prove….

“It is also important to point out that the defendant, of all
people, was well aware of her right, being a Legal Practitioner
herself and as such, could have decided not to speak to any police
officer.

“To now imply that she is not aware of her rights or that the
police forced her to speak, appears to be very far fetched to this
court.

“The end result is that I do not find that the confessional
statement being sought to be tendered has in any way contravened
the provisions of Section 93 of the Administration of Criminal
Justice Law (ACJL) of Lagos State, 2015 or Section 35(2) of the
1999 Constitution (As amended).

“The prayer for an order rejecting the confessional statement
for having been procured contrary to the above stated laws is
hereby refused…the motion…is hereby dismissed.”
Otike-Odibi was arraigned last June 13, on a two-count charge of
murder and misconduct with regard to a corpse.

The Lagos State Government accused her of stabbing Symphorosa
Otike-Odibi to death and mutilating his corpse by severing his
manhood on May 3, 2018, at their Diamond Estate, Sangotedo, Lekki,
Lagos home.
She pleaded not guilty.

On January 23, a prosecution witness, Olusegun Bamidele, told
the court that Otike-Odibi, 48, hit Symphorosa on the head with a
frying pan several times before stabbing him on the stomach with a
kitchen knife.

Bamidele said Otike-Odibi told him that she then sat beside her
husband’s corpse on the bed and said: “‘If this your penis is the
one that is giving you license not to have the feeling of another
person, it’s better we cut it off,” which she proceeded to do
before putting a piece of it in his right hand.

The witness, an Assistant Superintendent in the Homicide
Section, State Criminal Investigation Department (CID), Panti,
Yaba, said he recorded her statements with her approval, after
cautioning her.

But when Director of Public Prosecutions (DPP) Titilayo
Shitta-Bey sought to tender Otike-Odibi’s two statements, Banjoko
opposed her, following which the judge ordered a trial within trial
to determine the statements’ admissibility.

But on February 25, Otike-Odibi brought an application praying
the court not to go on with the trial within trial, rather he urged
it to reject the confessional statements outright.