Nwoye Igweze Onyekwe V. The State (1988)

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AGBAJE, J.S.C. 

The appellant, Nwoye Igweze Onyekwe, was charged with the murder of one Prescillia Onyeonwu on the 10th day of May, 1981 at Ifite Division of the High Court of Justice of Anambra State contrary to Section 319(1) of the Criminal Code. He was tried by Achi-Kanu, J. sitting at an Onitsha High Court. In his judgment dated 12th day of December, 1984, the learned trial Judge found the appellant guilty as charged.

It will appear that at the trial court there was no dispute that the deceased died at the hands of the appellant under circumstances which, barring the success of any defence or defences open to the appellant, would amount to murder of the deceased by the appellant. The defence of the appellant to the offence with which he was charged was that of insanity. The learned trial Judge in a well considered judgment reviewed this defence of insanity and rejected it. So as I have just said, he convicted the appellant of murder and then sentenced him to death.

The appellant being dissatisfied with his conviction and sentence appealed against it to the Court of Appeal, Enugu Division. The grounds of appeal against the judgment of the learned trial Judge were as follows:

1. “The decision of the court is unreasonable, unwarranted and/or cannot be supported having regard to the weight of the evidence.
2. That at the time I committed the offence, I was so insane as not to be criminally responsible.
3. That the punishment is excessive.”

Counsel for the appellant in the lower court, one Mr. Chiekwu Onoliefo, filed in that court a document which he described as the appellant’s brief of argument pursuant to the Court of Appeal Rules 1981 as amended by the Court of Appeal (Amendment) Rules 1984. In the document counsel for the appellant, Mr. Onoliefo, having stated the offence of which the appellant was convicted and having stated the facts of the case in the trial Court and having referred to the grounds of appeal filed by the appellant concluded as follows:-

“After due consideration of the judgment and the appellant’s grounds of appeal, I have nothing to urge in favour of the appellant.”

This document has been heavily criticized by counsel for the appellant in this court Senator N.N. Annah. It was his submission that the document could not pass as a brief properly so called having regard to the relevant provisions of the Court of Appeal Rules as to what should be contained in a brief of arguments.

In the lower court there was a respondent’s brief of argument. The brief too followed the trend of the brief of arguments of the appellant in that court. However in the concluding part of that brief the learned State Counsel who filed it dealt with the defence of insanity raised in the trial court and the evidence in support of it and the law on the point and then said:

“I agree there is nothing to urge in favour of the appellant and the appeal should be dismissed.”

It was the submission of Senator Annah, counsel for the appellant in this court that this document too could not pass for a brief of argument for the reasons I have stated earlier on in this judgment.

When the appellant’s appeal came up for hearing before the Court of Appeal Enugu Division, Coram Aseme, Olatawura. Katsina-Alu, JJ.C.A., Olatawura J.C.A. in his lead judgment to which Aseme, and Katsina-Alu JJ .CA agreed dismissed the appellant’s appeal. In his lead judgment the learned Justice of the Court of Appeal held as follows:

“Briefs were filed and exchanged. Learned Counsel for the appellant and the respondent had nothing to urge in favour of the appellant.

The facts as found by the learned trial Judge are unassailable and are overwhelming. The only issues seriously canvassed before the lower court was the question of insanity. The learned trial Judge has given adequate consideration to this defence and has also rightly rejected it. It was a defence that was raised with little or no evidence in support. In fact, it was contrived.”

The appellant was not satisfied with the judgment of Court of Appeal and has lodged a further appeal to this court. In this court briefs of argument for both sides were filed. In the appellant’s brief of argument, the issues arising for determination in this court were identified as follows: