This is the question the Court of Appeal, Lagos, will answer on Friday.
It will deliver judgment in the appeal filed by the cleric who was sentenced to death by hanging over six years ago.
He is urging the court to quash the sentence passed on him by a Lagos State High Court, Ikeja.
Ezeugo’s lawyer, Mr. Olalekan Ojo, told The Nation on Thursday that he had been served with a notice of the judgment by the court’s officials.
He said: “It has been confirmed. The case of Reverend King is for judgment on Friday.
“I have been served with the hearing notice.”
At the hearing last November 5, Ezeugo urged the court to allow his appeal.
He said the trial judge Justice Joseph Oyewole erred in several respects and “miscarried” justice.
Ojo adopted the appellant’s brief that day.
The respondent, Lagos State Government, represented by Solicitor-General Lawal Pedro (SAN), also adopted its brief.
Ezeugo was convicted and sentenced to death on January 11, 2007, for the alleged murder of a church member, Uzoh.
He was arraigned on September 26, 2006 on a six-count charge of attempted murder and murder.
The prosecution said he poured petrol on the deceased and five other persons.
Uzoh died on August 2, 2006, 11 days after the incident.
Ojo filed a notice of appeal on January 16, 2007, containing 16 grounds of appeal against the judgment.
On June 10, 2008, the Appeal Court granted him leave to argue an additional 16 grounds of appeal through an amended notice of appeal filed on June 15, 2008.
Ojo said Ezeugo did not commit the crime because he was not present at the scene.
He said Uzoh had, in two statements before her death, said she got burnt in a generator accident and that the cleric was not responsible for her injuries.
Ojo said the Investigating Police Officer (IPO) tendered statements which stated that Ezeugo was not responsible for the burns which led to Uzoh’s death, but they were not admitted in evidence.
The lawyer said had those “vital exhibits” been admitted by the judge, “they would have cast doubts on the case of the prosecution.”
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