From Godwin Tsa, Abuja
The decision to file a fresh charge of manslaughter against Ikechukwu Ogbonna over the death of his wife, Bimbo, has been lauded by a frontline Civil Society Organisation committed to fighting sexual and gender-based violence: Men Against Rape Foundation (MARF) and Make A Difference Initiative.
Ogbonna was initially charged for negligence by the Lagos State government for failing to offer prompt care to his wife who suffered 95 per cent fire burn.
However, following video evidence produced by Mr. Ogbonna, which showed that while Bimbo was trapped inside their residence by fire, her husband, rather than call for rescue, was seen video-recording the burning house from outside the premises. Men Against Rape Foundation and Amnesty International immediately raised the alarm over his suspected complicity in the death of his wife.
Bimbo had documented a series of complaints of domestic violence against her husband with the police and Lagos State Domestic Violence Response Agency during a torrid relationship that was described by many observers as toxic.
While the Executive Director of MARF, Lemmy Ughegbe, speaking at a press conference in December, 2022, exhibited persuasive and compelling evidence sufficient for Lagos State to re-arrest and file fresh charges against Mr. Ogbonna, Amnesty International and Bimbo’s family through their counsel, Barr. Odiana Eriata, wrote the Lagos State command, demanding a review of the charge of negligence as it fell short of expectation of law.
In response, the Lagos State Director of Public Prosecution, Dr. Babajide Martins, called for the case file from the police, reviewed the evidence against Ogbonna, and upgraded the charge from negligence to manslaughter punishable under Section 229 of the Criminal Law of Lagos State with life imprisonment.
Speaking at a press conference in Abuja, Lemmy Ughegbe commended the Lagos State government for being responsive and responsible in looking into their concern and taking the right action to ensure that Mr. Ogbonna was properly charged.
Last week when the matter came up before Magistrate Court 7 presided over by Mrs. Adebayo Kafayat Tella in the Yaba Magisterial District, holden at Court 7, Ebute-Metta, she refused Mr. Ogbonna’s bail plea, and ordered that he be remanded in prison until March 7, 2023 to enable the Director of Public Prosecution to file the charge at the right court.
However, eager to breathe the air of freedom, Mr. Ogbonna on Thursday, February 9, 2023, approached the Lagos State High Court, praying it to grant him bail, pending his formal arraignment by the Lagos State government.
In the bail application argued by his counsel, Victor Ogude (SAN), he prayed the court to grant his client bail to enable him support his children financially.
Ogude claimed that the charge of manslaughter was bailable, and therefore, entitled his client to bail.
In an affidavit in support of the bail request deposed to by Ogbonna’s brother, Ifeanyi Elvis Ogbonna, he said the applicant was emotionally and psychological drained in custody without being arraigned.
Opposing the bail application, the Lagos State Director of Public Prosecution (DPP), Dr. Babajide Martins said Mr. Ogbonna was a flight risk and could flee from justice if granted bail based on the severity of the punishment for the offence.
“It is trite that offences that attract capital punishment are ordinarily not bailable except on special and compelling circumstances of a life-threatening ailment.”
Justice Nicole Clay adjourned the case to February 23, 2023.
Ogbonna is facing a fresh charge of involuntary manslaughter contrary to section 224(b)/and punishable under Section 229 of Criminal Law of Lagos State.