death, for murdering 37-year-old commercial motorcycle operator,
SylvesterAnaele.
Anaele was said to have been murdered inhis home, Okwu Amaeze,
Obibiezena, Owerri North Local Government Area of Imo State.
Justice Nonyerem Okoronkwo, while delivering judgment in suit number
HOW/15c/2009, however discharged and acquitted Madujibeya's alleged
accomplice,Mr. Akujuobi Okere.
Recounting the submissions, Justice Okoronkwo said the deceased had
severally complained that he was very uncomfortable with the sale,
consumption and smell of Indian hemp near his house.
According to the Judge, the prosecution called seven witnesses and
contended thatthe several lacerations on the deceased's body could not
have arisen from mere swinging of a machet as claimed by Madujibeya.
"I agree with the prosecution that the first accused (Madujibeya) was
on a well planned and murderous mission and gave the deceased seveal
cuts in very vital partsof his body", Okoronkwo said.
Continuing, the Judge said "the more credible version, which I am
inclined to believe, is that after the initial fight over the smoking
of Indian hemp around his house, the first accused went home, brought
a knife and laid ambush for the deceased".
The court disbelieved Madujibeya's story that he was acting in self
defence, stressing that "evidence has clearly shown that the first
accused was on a murderous mission and clinically executed it. I find
youguilty as charged. You are to be hanged onyour neck until you be
dead."
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