Augustine Nwangbomu V. The State (1994)

LawGlobal-Hub Lead Judgment Report

BELGORE, J.S.C.

The appellant, Augustine Nwangbomu was to marry one Juliana Igwe, a child. It seems that by custom of Ezza in Abakaliki she had to stay with the proposed husband for a while to decide whether they could live together as husband wife. Juliana Igwe (P.W.9) ran back home several times – about fourteen or fifteen times according to her Uncle Michael Onele, P.W.8. The appellant was apparently unhappy at the prospect of losing Juliana.

Michael Onele (P.W.8), a teacher got home from school and saw the appellant in their compound. The appellant told P.W.8 he had come to effect a settlement on the matter of Juliana and himself. Juliana was very young at the time, perhaps about 12 or 13 years. P.W.8 pleaded with the appellant to allow the girl to mature; the appellant apparently took offence for this simple advice. As P.W.8 was moving away from him the appellant attacked him (P.W.8) with a matchet at his back, neck, ear, right shoulder and on the head. P.W.8 raised an alarm and the appellant told him nobody would save him as he was going to kill him. P.W.8 was saved by the coming out of Juliana, the P.W.8’s mother and his wife.

Before P.W.8 came on the scene, the appellant had spoken to Juliana (P.W.9) and she told him the Obaji Oyibo (Juliana’s mother) had gone to the farm and that P.W.8 was away to school where he was a teacher. When P.W.8 arrived and appellant attacked him with matchet, P,W.9 ran out with the others and saw the appellant running away with a matchet. P.W.8 was having several matchet cuts on him and had to be taken to the hospital.

A little after this at the rice farm of Obaji Oyibo where she was with farm hands including Nwokporo Nweke (P.W.4), Nwafor Ochiagu (P.W.3), Ovu Onele (P.W.5) and Nwoja Odoh (P.W.6); suddenly they heard someone shouting and threatening he would kill anybody he met at the farm. All the others escaped and only Obaji Oyibo was not seen again alive as her corpse was found. According to medical evidence, she was at the time of her death about thirty-five years old and was carrying a five months pregnancy. She had a deep wound at the nape of the neck, five centimetres deep and eleven centimetres long. The wound penetrated the lower cervical vertebra. She died of haemorrhage due to a deep wound on the neck. Nobody who heard the threatening voice at the farm of the deceased waited to see who was threatening; they ran away leaving the deceased alone behind.

There was thus no direct evidence of who attacked the deceased with a sharp object that killed her except the appellant in his voluntary statement to the police. He was cautioned by the investigating police officer and he volunteered a statement (Exhibit B & B1) that infer alia says as follows:

“It is true that I killed Obaji Oyibe with a matchet. My annoyance is that Obaji and Michael Nwigwe and Ezaka Nwigwe conspired within themselves and took my wife from me. The name of my wife is Juliana Augustine. Obaji Oyibe is the mother of my wife while Michael is her uncle and Ezaka is the grandmother of my wife Juliana. Again that after I reported the matter to the police and the police told us to go and settle at home, we went home and instead of settling the matter as was directed by the police, Obaji was abusing me saying that since police have set her free, she was no more giving me one kobo.

Moreover, I understood that the above mentioned people i.e. Obaji Oyibe, Michael Nwigwe and Ezaka Nwigwe went to make charm so that before 31st December, 1983 I will die and they will get a chance to give out my wife to another person to marry. Since I discovered this, I felt sick in as much, I did not attend Eke market on two occasions. I could remember that the sickness which swoll (sic) my right leg and my waist started on or about 1st December, 1983 and up till now I am still suffering it. At about early November, 1983 when I went to collect Juliana’s locker from school Michael met me in the school where the headmaster and other teachers were and told me that he is planning for me with his people that I am going to suffer. This same Michael and Obaji instead of looking for settlement they encouraged Juliana not to marry me again.

Having considered all these things, I made up my mind to go and receive my money from them. When I reached their compound, Michael was not in so I waited until he came back from school. When I told him that I came to collect my wife he, Michael told me that Joseph Elom is the care taker and I should meet him with six cartons of beer and goat or any other thing he must have told me before I will come to meet him again. Having heard this, and other things from Michael I come to believe that they have really planned for me so I gave him matchet cut about three times and he fell down. I fell down too and was still there until (sic) they wanted to kill me before I ran away with the matchet I used. Before I left I have heard an information that Obaji went to farm so I ran through that direction and incidentally met her in the farm and gave her matchet cuts one on her neck and the other on her head. She then fell down and I ran away. One Eda Igide ‘m’ who is a brother to Ezaka was the person who said that the case which I reported to police will not be withdrawn so that any day they see me in their house they will kill me. It was Obaji who told me this and not Eda himself. That was the day I went to collect locker when she was telling me about the charm they have prepared for me. When police came to my house and arrested me, I showed them the matchet which I used in killing Obaji Oyibe.”

(Sgd.)

Augustine Nwangbomu.

9/12/83

Statement was recorded by me in English language read over to maker in same language and he signed it as correct.

(sgd.)