A Delta State High Court has sentenced Ebinum Prosper, 24, to death by hanging for the murder of his former classmate, Ojieh Chibogu, following a violent altercation that shocked the Ugiliama Community in Kwale.
Justice F. Enemor of High Court No. 2, Kwale, delivered the judgment on Monday, March 2, 2026, after finding the defendant guilty of murder beyond reasonable doubt. The case, which has spanned nearly a decade, finally reached its conclusion with the maximum penalty under Nigerian law.
The Fatal Incident
According to the prosecution led by Mrs. Catherine O. Onoberhie-Oberuomo, an Assistant Director in the Delta State Ministry of Justice, the tragic incident occurred on June 29, 2016, in Ugiliama Community, Kwale.
The court heard that what began as a misunderstanding between the two young men escalated violently when Prosper allegedly stabbed Chibogu with a knife, leading to his death. The details of the disagreement that led to such a tragic outcome were presented during the trial.
A Case Interrupted by EndSARS Protests
The path to justice in this case was far from straightforward. The matter, filed as Suit No. HCK/89C/2022, State vs. Ebinum Prosper, was initially being handled at the High Court in Asaba.
However, during the 2020 #EndSARS protests that swept across Nigeria, the case suffered a major setback. Court documents and exhibits that had already been tendered were destroyed in a fire incident while the matter was still at the address stage—a reminder of how the protests affected the justice system in ways many Nigerians may not realize.
Starting Afresh in Kwale
Following the creation of the Kwale Criminal Division, the prosecution team applied for the case to be transferred back to Kwale for a fresh trial (known legally as trial de novo), since the crime originally occurred in that jurisdiction.
To reconstruct the case, certified true copies of processes from the original case file were obtained from the High Court Registry in Asaba. This allowed authorities to create a duplicate file and transfer the matter to Kwale, where proceedings could begin anew.
The Trial and Judgment
After the prosecution closed its case, presenting evidence that proved the defendant’s guilt, the defence took over one year before opening its defence—a delay that prolonged the already lengthy proceedings.
In his judgment, Justice Enemor carefully reviewed all the evidence presented and concluded that the prosecution had successfully proven its case beyond reasonable doubt. He therefore convicted Ebinum Prosper for murder and handed down the maximum sentence: death by hanging.
What This Means
Under Section 319 of the Criminal Code applicable in Delta State, murder carries a mandatory death sentence. While such sentences are handed down by Nigerian courts, it’s worth noting that actual executions are rare in the country, with many convicts spending years or even decades on death row.
This case serves as a sobering reminder of how a moment of anger can destroy multiple lives—the victim’s, the perpetrator’s, and their families’. It also highlights the resilience of Nigeria’s justice system, which despite significant challenges including the destruction of evidence during civil unrest, can still deliver verdicts.
The family of the late Ojieh Chibogu can now find some measure of closure, knowing that justice has been served, albeit ten years after their loved one’s life was cut short.
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