THE NIGHT WIFE CHAPTERS 91-100
CHAPTER 96
BY SOLOMON ADINYA
I’ve presented before the court the evidences that showed my client Ejembi Simon , was just acting in self defence to protect his family , a crowd of rioters had stormed my clients family house , who would watch his family being attacked and would not react ?” The lawyer asked throwing his arms in the air.
“They’re footages of an arsonists trying to burn down the family house of my client with his children , his nephews, and nieces in the house
My lordship you can see the father to my client there , Mr Simon Ogar , this men beat him until he was near death , for an offence they have no prove he committed , my client had to do whatever he could do to keep his family . Section 286 of the Criminal Code Act in Nigeria
When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for him to use such force to the assailant as is reasonably necessary to make effectual defence against the assault:
Provided that the force used is not intended, and is not such as is likely, to cause death or grievous harm.
If the nature of the assault is such as to cause reasonable apprehension of death or grievous harm, and the person using force by way of defence believes,
THE NIGHT WIFE CHAPTERS 91-100
on reasonable ground, that he cannot otherwise preserve the person defended from death or grievous harm, it is lawful for him to use any such force to the assailant as is necessary for defence, even though such force may cause death or grievous harm.
So my Lordship my client acted in line with the law , I’ll beg this honourable court to acquit my client on all charges .
Thank you your lordship for this opportunity to state our car .” Barrister Onwuku rearrange his robe before sitting , the judge was still taking notes , while Ejembi stood in witness box sweating profusely, his stomach rumbling.
“Can we hear the counsel to the plaintiff state their final and as we bring this case to a conclusion.” The judge said face raised to the witnesses and judges once again , a short and stubby lawyer got up .
“Thank you your lordship for this opportunity, to represent the dead who has no mouth to defend himself. My name is Barrister Ogah Timothy Theophilus SAN, representing the good people or Agadagba. My lord the accuse here Ejembi Simon Ogar , isn’t a saint , as it has been proven by the many witnesses we’ve presented before this honourable court.
THE NIGHT WIFE CHAPTERS 91-100
This isn’t the first time he had attacked members of the society . Him and his father Mr Simon Ogar have been a constant visitors to the police station , for assult , they terrorise the people of Agadagba.
Mr Ehi Paul God rest his soul, wasn’t the first man to die in Agadagba. But my Lordship I beg to ask , why Mr Simon was accused in quote ,of his death ?” Barrister said pacing about .
“My Lord they’re graphic pictures of the atrocities Mr Ogar here and his son carried out on the people of the ward ,the father has mastered the act of snatching people’s land , then he drafts in his son to fight for him.
Which Ejembi uses bloody means , from exhibit A ,B and C ,that I’ve now and present to this court .” He gently swirl so the court could see the horrific matchet wounds .
THE NIGHT WIFE CHAPTERS 91-100
“Those are matchet wounds he meted out to his cousins and uncle over a plot of land , the uncle mysteriously died the day he returned to the farmland my lord .” He dropped those sets of pictures and grabbed a new set .
“Here in my hand are Exhibit D,E,F,G and H this gruesome murderer my lord , stabbed his own brother in the stomach , because his brother complained about the use of his clothes without properly washing them before returning them .
” He dropped those pictures and picked up the pictures of the last attack .
“My lord the accuse had no licence for the hand gun Smith & Wesson model S&W500 revolver handgun , what would a law abiding citizen have such a lethal weapon at home?
My lord from Exhibit I,J, K you can see the exhibit pictorials from the scene of the carnage , this is an autopsy report ,with a pictorial the accused emptied five rounds of ammunition into the body of my dead client , one could have been enough to send him running for his life , but he shot at him five times and emptied his rounds of ammunition on him which led to the death of my client , my Lord I beg that you use your good position and give to this cold hearted murderer who had been a terrorist to his own community the dead sentence.
I’ll close my argument with this passage of the holy scriptures that says he who goes by the sword must die by the sword , in this case he who killed by the gun should be put to death.”
THE NIGHT WIFE CHAPTERS 91-100
Tension rose in the courtroom to the highest level , more than two hundred people in the courtroom but the room was empty of any noise , only the rustling of paper by the judge .
“We’ve heard both the counsel to the plaintiff and defendant, I’ve spent a good time studying this case . Yes as much as the accused had the right to self defence , he abused that right by shooting four more times into the back of the deceased , according to the police prosecutor, it showed that the deceased was running away from the accused .
Again the evidences from several witnesses of the accused involvement in many cases of gruesome assualts , and violence the accused had already had a taste for blood ,and had intended to kill the deceased though he was no longer threat to him and his family .
I contemplated the death penalty for the accused , but I decided against my better judgement, I am using my human heart , to reduce his sentence from Death Penalty to twenty years in prison with hard labour to run concurrently.”
The court began to rumble.Ejembi broke into tears ,and sat on the floor of the witness box , he was already in his green prison uniform , his cries filled the court room .
THE NIGHT WIFE CHAPTERS 91-100
“I hope he would take out time in prison to think about his life , and repent from his ways .
And then this should serve as a lesson to others out there , who think they can do wrong and get away with it , that there’s ninety nine days for the thief just only one day for the owner .” The judge said , he wrote a couple of notes and rose from the bench .
“Court rise!” He ordered the whole court rose , the judge left the court room . Three prison wardens two armed with Ak47 riffles the other a handcuff walked to Ejembi .
“Bring your hand .” He obediently stretched his hands . They put the handcuff. “Let’s go .”
They said leading him to the prison truck packed outside , the truck had an enclosed cage for prisoners with little space to get air .Ogar remained sitting where he was as the people screamed in Jubilation.
THE NIGHT WIFE CHAPTERS 91-100
He couldn’t look at Ejembi he just felt the tears pour out of his eyes. Ogwuche walked to Ejembi .”Am sorry brother , thank you for protecting us .We won’t abandon you in prison I’ll always come and check on you .”
He said , Ejembi nodded without saying a word . He followed the prison officers to the truck , Ogwuche stood outside waving at him as he was driven away.
To be continued……
THE NIGHT WIFE CHAPTERS 91-100
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