5th November, 2010
A 23-year-old traffic warden, Eyitayo Sunday, was on Thursday, arraigned before an Akure Chief Magistrate’s Court on a one-count charge of murder.
He was alleged to have committed the crime on Sept. 10, 2010 at Igodan in the Okitipupa Magisterial District when he strangulated a three-day-old baby boy to death.
The offence, according to Police Prosecutor, ASP. Amos Ifedayo, was contrary to Section 316 (6) and punishable under Section 319 (1) of the Criminal Code, Cap.30, Vol. II, Laws of Ondo State, 1978.
When the case came up for hearing on Thursday before Chief Magistrate Z.O. Egbunu, Ifedayo said he had four witnesses to call in the case to prove the prosecution’s case.
However, counsel to the accused person, Mr. K.S. Adegun, urged the court to review the charge.
Adegun said the charge should be manslaughter and not murder because the victim was the son of the accused person.
He said since the act was not intentional, the court had power to review a charge if the charge was not properly made to reflect the true nature of the offence.
Adegun urged the court to change the offence from murder to manslaughter.
Egbunu in his ruling ordered the Investigating Police Officer (IPO) to make duplicate copies of the case file and forward same to the DPP for legal advice.
The magistrate, while adjourning the matter to Nov. 30, ordered that the accused be remanded in prison.