A State High Court in Enugu State has discharged a Nigerian man who was charged with the murder of a woman accused of being a witch.
The man, Michael Chukwuilo, was charged with the murder of the woman, Agatha Chukwuilo, in Ululor, a community in Awgu Local Government Area of the state.
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How it happened
In January 2022, the man was said to have alleged that Agatha had killed many villagers through witchcraft and had perfected plans to kill her daughter and husband, Remigius Chukwuilo.
Agatha was said to have pencilled down the names of the people she had allegedly killed and those she had planned to kill.
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The defendant, Mr Chukwuilo, now discharged, is a brother to Remigius, Agatha’s husband.
PREMIUM TIMES gathered that Remigius had pleaded with Mr Chukwuilo to allow the matter to be handled within the family.
But he refused and subsequently reported Agatha to the village council which ordered that she be beaten and dragged to her father’s house over the allegation.
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Unfortunately, Agatha died as a result of the beating and the villagers subsequently threw her corpse into a forest in the community.
Lawsuit
Angered by the death of his wife, Remigius petitioned the Commissioner of Police in Enugu State who filed a lawsuit against Mr Chukwuilo at the State High Court.
Remigius also hired Christian Eze, a lawyer, to prosecute the defendant.
One count charge of murder was preferred against him.
Mr Eze, the prosecuting counsel, told PREMIUM TIMES that the murder charge was filed against Mr Chukwuilo because his report to the village council resulted in the beating of the woman to death by some villagers.
Judgement
Delivering judgement on Tuesday, the trial judge, Justice Ngozi Orji, held that evidence from witnesses could not prove the ingredients of the offence of murder against Mr Chukwuilo.
Mrs Orji stressed that the defendant did not make a confessional statement admitting murder of the woman.
She consequently discharged the defendant.
Mr Eze, the prosecuting counsel, told PREMIUM TIMES on Wednesday that he was surprised by the ruling given that the defendant had admitted in his statement that he reported the matter to the village council, who authorised her beating, which resulted in her death.
The lawyer said he had equally tendered the statement of the defendant as evidence to the court which admitted it.
Group kicks
The Advocacy for Alleged Witches (AFAW) has expressed unhappiness over the judgment.
AfAW has been campaigning for an end to witch persecution in Africa.
“AfAW is deeply saddened by this development because it is a huge setback to efforts to end witch persecution and murder in Nigeria,” the group director, Leo Igwe, said in a statement forwarded to PREMIUM TIMES on Wednesday.
Mr Igwe urged the Nigerian police and courts of law to rise to their duties and responsibilities of diligently investigating cases of witch hunts.
The director contended that witch-hunting and killing have persisted because perpetrators get away with their crimes.
“This court ruling is a serious blow to measures to hold witch hunters accountable. This court ruling is a painful instance of justice delayed and eventually denied,” he lamented, accusing the police and the Enugu State Government of lack of commitment in prosecuting the case.
Mr Igwe said Agatha’s family had resolved to appeal the judgment.
“The Advocacy for Alleged Witches would support them every step of the way,” he assured.
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